![]() The general rule with four-way stops is that the first to the intersection has right of way. These are to be treated as a four-way stop. If it is clear that the light is malfunctioning or missing, every driver has a duty to stop and enter the intersection only if it appears safe to do so. Sometimes they simply malfunction or do not work. However, sometimes they are downed or destroyed by vandals. There is supposed to be a traffic control device at every intersection. This is why lawyers often turn down swearing match cases–it is too great of a risk of losing when the odds are stacked against the plaintiff. ![]() If 9 jurors side with your story and 3 jurors side with the other driver, you lose. That means in a district court you must convince 10 of the 12 jurors to agree to the verdict. The problem with this is that when you file a lawsuit against someone, you have the burden of proof. If there is no eyewitness nor camera, then it will be your word vs the other driver. Thus, an intersection camera may or may not be a way to prove a red light swearing match case. However, many of the cameras you see at busy intersections are simply live feed cameras that allow traffic authorities to monitor dangerous intersections for blockages that need to be cleared. A working “red light” camera may also catch the person if one is available. If there happens to be a camera at a nearby store, this may catch the accident and help to prove a swearing match case. Using Cameras to Prove Who Ran the Red Light Thus, it is very important that you document the name, address, and phone number of any independent eyewitnesses you can locate. That is because independent eyewitnesses are the most reliable source. When a police officer arrives at the scene where both parties claim they had the green light, she will look for independent eyewitnesses who do not have a dog in the fight. You can expect both insurance companies to deny the other driver’s respective claims without additional evidence to establish who is correct. ![]() If nobody admits fault for running a red light, then you have a swearing match. It also makes the personal injury claim easier to win at trial. Generally, if one side admits they ran a red light or a stop sign, the other side’s insurance will pay for the property damage. These cases often pose a big problem for those involved. What is a Red Light Swearing Match?Ī red light swearing match refers to an intersection collision wherein both drivers claim that they had a green light. As a general rule, if you cannot clear the intersection before the light changes, you should probably stop. A yellow caution light means you may proceed with caution. Failure to stop for a red light is negligence as a matter of law. Failure to Stop at a Red Light or Stop SignĪnytime there is a red light or a stop sign, the driver has an obligation to bring his car to a complete stop before proceeding. However, each type of intersection collision may present its own challenges in determining liability. Regardless of the reason, every intersection is preventable.
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