Car accidents at intersections are common, and determining liability can be an involved process. They usually involve multiple factors, like traffic signals, signage, visibility, and driver behavior. Establishing liability at intersection crashes requires carefully examining all the circumstances surrounding the incident.
When working with clients on intersection accident cases, we examine the applicable traffic laws governing the intersection. Each state may have different regulations regarding right-of-way, turning procedures, and traffic signal compliance. Failure to adhere to them can result in liability for the at-fault driver.
The actions of each driver involved are closely scrutinized as well:
These are all essential questions that help establish liability.
Bad weather conditions also contribute to intersection accidents. Poor visibility due to fog, rain, or snow may impact a driver’s ability to navigate an intersection safely. Inadequate signage or malfunctioning traffic signals also create hazardous conditions.
Can Multiple Parties Be Liable for an Intersection Accident?
In many intersection accidents, multiple parties share liability to varying degrees. For instance, if one driver runs a red light and collides with a speeding car, both drivers may bear some responsibility for the collision. In Delaware, the degree of fault assigned to each party depends on the specific circumstances of the crash.
Liability might even extend beyond the drivers involved. If a traffic signal malfunctioned and was green when it should have been red, the entity responsible for maintaining the signal could be held accountable for the accident. Or, if poor road design or inadequate signage contributed to the collision, the municipality or governmental agency responsible for road maintenance may share liability.
What Is Modified Comparative Negligence?
Delaware follows a modified comparative negligence law. Under this statute, a plaintiff’s recovery is reduced by their percentage of fault, but they can still recover damages if their responsibility is less than 51 percent. If found equally or more at fault, no recovery is possible.
Determining the extent of each party’s liability often requires a thorough investigation, including gathering evidence, interviewing witnesses, and analyzing the accident scene. Consulting with attorneys with experience in intersection accidents is usually the best course of action.
How Can Survivors of Intersection Accidents Protect Their Rights?
Survivors of intersection accidents should take certain steps to protect their rights and pursue compensation when they have injuries and property damages. Seeking medical attention immediately following the accident is critical, even when no obvious or serious symptoms exist. Some injuries may not be apparent right away, and delaying treatment could worsen the condition.
Documenting the accident scene by taking photographs, obtaining witness contact information, and getting a copy of the police report can strengthen your case. We recommend that you avoid admitting fault or discussing the details of the accident with other parties or insurance representatives without consulting legal counsel.
A skilled attorney can assess the circumstances of the intersection accident, identify liable parties, and advocate for your rights throughout the legal process. Whether negotiating with insurance companies or representing you in court, we can help maximize your compensation.
Injured in an Intersection Car Accident? Trust a Skilled Delaware Car Accident Lawyer at McCann Dillon Jaffe & Lamb, LLC
Our skilled Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC are well-versed in handling intersection cases. You do not have to face this challenge alone. Call 302-888-1221 or contact us online for a free consultation. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.