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June 02, 2022

Negligence Per Se In A Personal Injury Case

Posted in Uncategorized

Driving through a red light is against the law in Arizona, however, it is not a rare occurrence that this happens. Many drivers run through a red light because they underestimated the time they had before the light turned from yellow to red. Other drivers are distracted and do not realize that the light has turned red. And still others don’t feel the traffic laws apply to them, see the light has turned red, but drive right through it anyway. Regardless of why a driver runs through a red light, the risk of tragic results is the same. Driving through a red light can cause a car crash that leaves victims seriously injured or dead. A Scottsdale AZ car accident lawyer can help victims get the legal recourse they deserve. 

The Law

According to Arizona law – as well as the law in all states in the U.S. – a driver is required to come to a complete stop when they come to a red traffic light. The driver must remain at a complete stop until the light turns green. In many states, if the driver is turning right at the intersection, they may turn after they come to a complete stop and there are no other vehicles coming. However, there are many busy intersections where signage will be present that “no right on red” is allowed.

When a driver blows through a red light, the resulting crush is often a T-bone accident, sometimes referred to as a broadside crash. In a T-bone accident, the front end of one vehicle slams into the side of the other, making a “T” shape. T-bone crashes are one of the most dangerous types of car accidents, especially for victims who are in older model vehicles. When it is the driver’s side that is hit in a T-bone accident, there are no safety features like there are in new model vehicles, including side-curtain airbags, crumple zones, and more. A Scottsdale AZ car accident lawyer knows these are one of the most severe crashes that can occur. 

Negligence Per Se

When a car accident lawyer in Scottsdale AZ files a lawsuit on behalf of an injured victim, the law requires that the attorney proves the liability of the at-fault driver. In many car accident cases, this can be difficult to prove. However, under the negligence per se doctrine, a car accident lawyer only has to prove that the at-fault driver broke the law. If that is proven, then the law says that the driver was negligent and liable for the victim’s losses.

When a driver runs a red light and smashes into a vehicle that had the green light and the right of way, all the Scottsdale AZ car accident lawyer has to prove is that the driver failed to stop for the red light. Running the red light establishes the automatic negligence of the offending driver.

The attorney only then needs to show that the victim suffered injuries from the crash and that those injuries caused the victim losses. Some of the losses that a victim can be compensated for includes medical expenses, loss of income, pain and suffering, emotional anguish, permanent disability, scarring, and more.

Call Yearin Law Office to speak with a car accident attorney Scottsdale AZ victims recommend if you have been injured in a red-light running crash.

Get the best attorney in Scottsdale to fight for the compensation you are owed. Call 480 360-4770

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