Information About Being Injured By a Driver Who Ran a Red Light

Some of the scariest car accidents that result in serious injuries or fatalities are those that occur as a result of driver negligence and red lights. In fact, a comprehensive study performed by AAA’s Foundation for Traffic Safety reveals that over 900 people were killed in car accidents in 2017 because drivers failed to stop at a red light. This statistic represents a 28% increase in red light accidents and fatalities since 2012.

Unfortunately, running red light car accidents are a common personal injury claim here in Indiana. If you are a recent Indiana car accident victim due to a negligent driver who ran a red light, continue reading to learn what you need to know about pursuing legal action against them for the purpose of obtaining compensation for your damages and losses.

Red Light Car Accident Lawyer Indianapolis 317-881-2700
Red Light Car Accident Lawyer Indianapolis 317-881-2700

Understanding Negligence in a Red Light Running Car Accident Case

In all states, running a red light is illegal no matter how you look at it. If you are caught by law enforcement, you will likely be cited a ticket and pay a fine. However, if you run a red light and the result leaves another driver or pedestrian injured, there could be additional legal implications. You see, not only is running a red light a criminal offense, but it can also be a civil lawsuit because of a common legal principle known as negligence per se.

Because a driver is breaking a general traffic law or regulation, they are deemed negligent per se because such laws are set for the purpose of promoting safety and protecting people from injuries. Some states use negligence per se as proof that a driver violated a law, ordinance, or regulation, thus deciding the case entirely. Other states may use negligence per se as a piece of evidence showing that the defendant acted negligently.

An Indiana Car Accident Lawyer Can Help You Recover Financially

In Indiana, the law recognizes negligence per se as evidence against an at-fault party in all types of personal injury cases. To understand your rights to pursuing legal action against an at fault driver who caused your injuries in a serious car accident, it is important to speak to a licensed Indianapolis personal injury lawyer as soon as possible. Act fast before the statute of limitations runs out on your case, or evidence is lost that would support your claim.

Are you ready to get the settlement you deserve after being injured by a negligent driver in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned Indianapolis car accident attorney, today.  We represent clients throughout Indiana, including Indiana residents injured in other states.

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The 4 Elements of Negligence in a Personal Injury Case

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. To recover compensation, victims must prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Continue reading for a closer look at each element of negligence.

Duty of Care

The first aspect of proving negligence is to establish whether or not the defendant owed the victim a legal duty of care in any way. This could be between employer and employee, child and sitter, doctor and patient, school and student, and much more. For instance, an employer has a legal duty of care to provide employees with a clean and safe work environment, while a doctor has a legal duty of care to provide competent medical care for patients. In other examples, a nursing home has a legal duty of care to look after their residents, while drivers have a legal duty of care to drive safely when behind the wheel of a vehicle.

Breach of Duty

Once it is recognized that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant breached that duty. A defendant can breach their duty of care by either action or inaction. If a person does something, or fails to do something, that a reasonable person under the same circumstances would do, and it causes harm to another, they are acting negligently. For example, if a person is late for work and runs a red light to save time, and in running the red light they strike another vehicle and injure the driver, they will be found negligent in a court of law. In an example of inaction, if an employer fails to keep their premises up to code, and as a result their employees suffer from severe respiratory illnesses from mold inhalation, they can be found negligent.

Causation

It is not enough for a victim to prove that a defendant breached their duty of care. Plaintiffs in personal injury lawsuits must also prove that the defendant’s action (or inaction) was the direct cause of their injuries. But there is another aspect to causation. Courts will also assess and determine whether or not the defendant could have reasonably foreseen that their actions would or could injure someone. Accidentally causing someone harm through a random, unforeseen act of nature might not be looked at as negligent. However, if it is found that a defendant should have known that their actions or inactions would or could cause injury, then they can be found negligent in a personal injury case.

Damages and Losses

After proving all of the above elements of negligence, a victim must then prove their subsequent damages and losses. Word of mouth will not hold up in a court of law, so a victim must have proof and evidence of their damages and losses. Damages and losses can include medical expenses, hospital bills, lost wages, prolonged treatment, pain and suffering, mental anguish, permanent disfigurement or scarring, loss of companionship, loss of job opportunity, and much more. These losses can be proven with medical records, doctors’ statements, receipts, bills, witness testimony, and more.

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your personal injury claim in Indianapolis, Indiana. Our Indianapolis personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help victims recover the full and fair compensation they deserve after being hurt in a serious accident. We offer free initial consultations to discuss your claim, and never collect lawyer fees unless we recover for you! Call 317-881-2700 to schedule an appointment, today.

Explanation of Negligence Per Se Claims

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.