Can You Win a Red-Light Accident Case without Any Witnesses?

Life would be easier if negligent motorists would just fess up and admit they were not driving carefully. Unfortunately, few motorists want to admit they were driving dangerously or failed to pay attention, so many cases come down to “he said, she said” situations. In far too many cases, both motorists will point the finger at the other. How is an insurance company supposed to decide between competing versions of the event?

In many cases, you can have witnesses back up your version of events. Maybe the driver of the car behind you saw another motorist running a red light and crashing into you. However, what happens when there are no other witnesses? Can you still receive compensation? Our legal team investigates this important issue.

Proving Fault without Witnesses

Florida motorists can tap their personal injury protection (PIP) benefits after a crash.  These no-fault benefits don’t require showing which motorist is to blame, which is relief.

Unfortunately, most motorists only carry $10,000 in benefits, which is the minimum required by the law, and $10,000 will barely cover the medical expenses for a moderate injury. That means you might need to file a personal injury lawsuit against a negligent motorist if you want to receive additional compensation.

Many red-light accidents happen because a driver:

• Refused to stop but ran a red light instead;
• Made a right-on-red turn without checking that the way was clear;
• Hung out in the intersection and made a left-hand turn in front of oncoming traffic.

If you are hurt because a negligent driver took any of these actions, you need solid proof to back up your version of events. Any accident which takes place late at night or early in the morning might not have any witnesses. In that case, we rely on other evidence.

For example, we might seek red light camera photographs. Miami has installed cameras at certain intersections to catch motorists who are running a red light. A photograph could be powerful evidence that a motorist refused to yield.

We might also rely on admissions. The at-fault driver could admit under oath that they ran a red light, or at least claim they “can’t remember”—which is often as good as an admission. Some drivers also make certain admissions on social media. We can use any admission to our client’s benefit.

It is also critical that you tell a consistent story about what happened. If your story changes, then an insurer might think you are bending the truth.

Talk with an Experienced Miami Car Accident Lawyer

Contact Pita Weber Del Prado today to speak with a Miami car accident lawyer in a free consultation. Our firm has tackled many car accident cases outside the no-fault system. We know when it makes sense to file a personal injury case, and how much compensation to request. Let our experienced legal team guide you through the claims process. There is never a reason to handle your own car accident case. Get experienced legal guidance today by reaching out to our firm.

Sources:

miamidade.gov/global/faq.page?Mduid_faq=faq1634053177450594

wlrn.org/wlrn-investigations/2024-07-05/red-light-cameras-miami-florida