Tupelo Accidents Caused by Traffic Signal Violations

Automobile accidents are often caused by the failure of one or more persons involved to act in a manner that is reasonable under the circumstances. In legal terms, this is referred to as negligence. Thus, to obtain recovery for injuries sustained in a car accident, victims generally must present proof sufficient to establish the following legal elements of negligence: duty, breach, causation (direct and proximate), and damages.

In car accidents caused by traffic signal violations, victims will likely be able to use the legal doctrine of negligence per se to support their case against the at-fault party. Negligence per se can be utilized where a safety law is violated, the violation results in injury, the injury is of the type that the law was designed to prevent, and the person injured is within the class of persons that the law is designed to protect. A common example would be speeding through an intersection and running a red light. If successfully established, negligence per se can create a presumption that the defendant was negligent, which can shift the focus of the case to damages. Such a presumption can greatly increase a victim’s chances of obtaining recovery for his or injuries, especially if circumstantial evidence of the defendant’s negligence is scarce.

Once the at-fault party’s negligence has been established, victims will likely be able to recover damages against the at-fault party through their automobile insurance carrier. The damages available depend on the facts of the case, but common forms include medical bills, lost wages, and pain and suffering. By consulting with a Tupelo attorney experienced in car accident cases, victims can ensure that they all pursuing all elements of damages relevant to their particular case. In addition, the victim’s attorney will be there to fight against any attempts by the defendant to reduce the victim’s recovery by arguing that the victim shares fault for the accident.