You can’t drive in Houston without coming across at least one intersection. Even if you’re sticking to neighborhood streets, you’re going to hit two and four-way stop signs. Guess what. Even if the crossing doesn’t have a traffic light, it’s still an intersection. With over 78,000 traffic intersections in Houston, vehicle accidents are going to happen.
Determining liability in Houston intersection traffic accidents can be challenging. Even for seasoned investigators. Don’t forget about various TX state laws. The Lone Star state has some laws that can impact your liability.
Common Causes of Intersection Accidents in Houston
Before we dive into liability, it helps to know what causes most Houston intersection crashes. You’re probably not going to be able to avoid every potentially hazardous situation, but it can help. These situations include:
- A driver runs either a stop sign or a red light.
- The driver incorrectly guesses the speed of an oncoming vehicle when they’re making a legal right turn on a red light.
- A motorist doesn’t yield the right of way while turning left, either when the light is red or green. Typically, you only have the right of way when you have a green arrow.
Traffic lights also aren’t infallible. They can go out or even get stuck in a specific setting. You know one side has a continuous green light while yours is permanently stuck on red. Now, you’re dealing with drivers navigating the intersection just like a four-way stop sign. Unfortunately, according to Houston traffic statistics, accidents occur more often at four-way stop signs than at other types of roadway intersections.
Injuries Common in Houston Traffic Intersection Accidents
Every traffic intersection accident doesn’t result in serious injuries or even property damage. Some are minor bumps. Sure, you’re frustrated and annoyed but everyone can drive away. Unfortunately, some auto accidents in intersections are severe. About 1/2 of serious injuries reported in the U.S. are caused by intersection traffic accidents.
These injuries often include:
- Whiplash
- Broken bones
- Cuts and burns
- Nerve damage
- Internal organ injuries
- Traumatic brain injuries
- Spinal cord damage
- Paralysis
Suddenly you’re facing huge medical bills, along with property damage expenses. You may even be missing work and this means lost pay. Your insurance may cover some of your expenses, but it doesn’t take care of everything. Even a robust auto insurance policy has gaps. For example, your insurance isn’t going to cover your non-economic losses like mental anguish, pain, and suffering.
You’re going to need to file a personal injury claim against the other driver. However, before you get started, liability is going to come up. You must prove fault and Texas laws can be complicated. You may even learn you’re partially liable for your damages.
Texas is a Modified Comparative Negligence State
Yep, we just mentioned you can be partially liable for your damages. Texas follows modified comparative negligence rules. Also known as comparative fault or negligence, the insurance law can play havoc with your potential settlement amount.
How modified comparative negligence works is fairly simple, at least in theory. If both parties’ behavior/actions contributed to the accident, they share the blame. You’re assigned a percentage of fault, anywhere from 0% up to 100%.
As long as you’re not more than 50% at fault, you can still file an injury claim against the other driver. However, if you’re 51% responsible, you’re stuck only filing a claim with your insurance provider. In other words, you can’t file a claim against the other driver, regardless of the severity of your injuries and/or other damages.
Sometimes an example helps provide a little clarity. If you’re speeding through the intersection with a green light and are hit by another driver running a red light, you both share some of the blame. You’re at fault for speeding. The other driver is assigned blame for running the red light.
Since the accident probably wouldn’t have occurred but for the other driver’s negligence, you’re probably going to be assigned a lower percentage of fault. The law typically views running a red light as a more serious offense than going a few miles over the speed limit. Now on to how this can impact your personal injury claim.
Your potential settlement amount is reduced by your assigned percentage of blame. If you’re assigned 25% of the blame and your settlement amount is $100,000, you’ll receive a check for $75,000. Since modified comparative negligence can significantly reduce your settlement amount, you want to do everything possible to avoid being unfairly assessed fault.
Determining Liability in an Intersection Car Accident
Sometimes it’s pretty easy to figure out who’s liable for an intersection vehicle accident. Other times, it’s a bit more challenging.
What you do immediately after the collision can go a long way toward helping prove liability.
Immediately Report the Accident
Texas doesn’t require you to report every vehicle collision. If injuries and fatalities aren’t present, you may be able to skip dialing 9-1-1. Just make sure property damage isn’t over $500. If it is, you need to report the collision.
With that being said, it’s always a good idea to immediately report any type of intersection traffic accident. Sometimes injuries and property damage aren’t noticeable for a few days. By then, it’s tough to gather evidence and prove liability.
Gather Evidence
Okay, don’t go crawling underfoot. Let the professionals like accident scene investigators do their job. However, you can gather some evidence without annoying anyone. Grab your smartphone and start taking some pictures.
Get pictures of your vehicle damage, and its position. Sometimes the position your vehicle ended up in can help determine liability. Don’t forget to look for any surveillance cameras. The footage can be invaluable.
Protecting Your Injury Claim After a Traffic Intersection Accident
Vehicle accidents in intersections are usually messy and confusing. Before you know it, you may be assigned fault for your intersection accident. This is never good news for the value of your personal injury claim. Before trying to navigate Texas liability laws, it’s a good idea to partner with an experienced Houston personal injury lawyer.