Can You Sue After Being Hit by a Red Light Runner in Miami?
If you were hurt because another driver ran a red light and hit you in Miami, you can most likely sue the driver for your injuries and damages.
Contact our Miami car accident lawyer, James D. Payer today. James and our legal team have decades of experience holding negligent drivers accountable for their actions. Call our team today at 305-363-7099 to schedule a free, no-obligation consultation.
Reviewed by: James D. Payer
Table of Contents
- Red Light Running Crashes on Miami Streets: Recent Headlines
- Why Intersection Collisions in Miami Are So Deadly
- Florida Red Light Law and Liability Made Simple
- Step by Step After a Miami Red Light Crash
- Who Pays Your Bills? PIP, Insurance, and Compensation
- Can I Prove the Other Driver Ran the Red Light?
- Deadlines You Can’t Miss in Florida Red Light Cases
- How Payer Law Turns Intersection Crashes Into Successful Claims
Red Light Running Crashes on Miami Streets: Recent Headlines
Just before July 5, 2024, a driver headed west on Miami Gardens Drive ran a red light at Northwest 22nd Avenue. The car immediately collided with another vehicle traveling legally through the intersection. First responders pronounced the driver of that car dead at the scene, and the roadway was closed for a portion of the morning.
The following February, a young driver ran a red light on Seventh Avenue and collided with a motorcyclist, who had been delivering food to earn extra family income. The motorcyclist was pronounced dead at the hospital.
These high-profile tragedies demonstrate the real and ongoing risk of accidents from running red lights in Miami. From dangerous intersections to the physics of T-bone crashes, here’s what every Miami driver needs to know about red light collisions.
Why Intersection Collisions in Miami Are So Deadly
In 2022 alone, more than 107,000 people were injured in red light crashes in the United States. Almost 1,150 lost their lives.
T-bone collisions are particularly dangerous, as the side of a car has no crumple zone. Those inside have minimal protection, particularly if the vehicle is smaller and lighter.
Crashes like these have a high likelihood of death and serious injury. Many victims suffer broken bones, spinal damage, and traumatic brain injuries. Some need multiple surgeries and have to take months off work to recover. Others suffer long-term or permanent disabling damage and require a lifetime of care.
If you or a loved one has been injured in a side-impact collision, you may benefit from talking with a lawyer who knows Miami.
Florida Red Light Law and Liability Made Simple
A steady red light tells Florida drivers to stop before entering the intersection, while a yellow light instructs them to clear the crossing if they have already entered. If a driver disregards either of these instructions and enters the crossing on a red light, they may be liable for an accident.
The default rule of rear-car liability does not apply if there was a traffic signal violation. If a Miami driver entered the intersection on a red light, they are liable for property damage and any compensation awarded in a lawsuit.
Liability and Compensation
Because Florida is a no-fault state, the driver who caused the accident may not need to pay initial injury costs. Each driver’s insurance company covers basic injury expenses through personal injury protection (PIP) up to a policy minimum. Victims may be eligible for additional damages.
Some accidents may involve more than one responsible party, even when a traffic signal violation has occurred. If you share fault for the accident, you may still be able to recover compensation under Florida’s comparative negligence law. However, you must be 50 percent or less at fault, and the court will reduce your award by your fault percentage.
Objective evidence is key to establishing the other party’s liability. Our Miami red light crash attorneys can help you seek out traffic camera footage, dashcam video, eyewitness testimony, and other key documentation. You can help by gathering evidence at the scene.
Step by Step After a Miami Red Light Crash
If you are in a car accident caused by a red light runner in Miami, the minutes after the crash are crucial. Follow these steps to protect your rights and safety:
- Call 911: Report the collision. Request police and emergency medical services.
- Exchange information: Request the other party’s contact information and insurance details, and provide your own in return. Do not disclose any information beyond the facts. Avoid admitting fault to the other party or either of the insurers.
- Document the scene: Take clear photos and videos of vehicle positions, traffic lights, skid marks, and location markers. Photograph any visible injuries and write down any symptoms.
- Get medical attention: Many accident injuries become symptomatic later. It’s crucial to seek care even if you feel fine.
- Save camera footage: Back up your dashcam video from the accident date, and find out if there is an intersection camera recording.
- Call a Miami intersection crash lawyer: Our attorneys can review your case at no cost. If you choose to work with us, we can help you preserve evidence starting immediately.
You can help your attorney build a strong case by keeping comprehensive records, including receipts for out-of-pocket expenses. These may include medical bills, prescription costs, and proof of lost wages.
Who Pays Your Bills? PIP, Insurance, and Compensation
Financial responsibility in a Florida car accident depends on fault, insurance coverage, and expense amounts. The at-fault driver’s insurance is responsible for car repairs and other property damage, despite Florida being a no-fault state.
The no-fault system applies to injury costs, for which PIP coverage is the primary source of payment. PIP covers up to $10,000. If your injury costs exceed that amount, you may file a claim against the at-fault driver’s insurance.
While not required for all drivers, many carry bodily injury coverage of at least $10,000 per person, $20,000 per accident. If your medical costs exceed the combination of your PIP and the other driver’s liability coverage, you may be eligible to file a lawsuit.
A lawsuit allows you to claim two types of compensation. Economic damages include your out-of-pocket costs, such as medical bills, lost wages, and property damage. Non-economic damages cover less tangible losses, including pain and suffering.
You may also receive punitive damages if the other driver acted with intentional recklessness or disregard for others’ safety. Intoxicated driving is a common example of such behavior.
Can I Prove the Other Driver Ran the Red Light?
To prove the other party’s responsibility, you must have more than just your statement that they ran a red light. The best way to prove a traffic signal violation is with objective evidence, such as:
- City intersection cameras
- Traffic light timing charts
- Black box data from a commercial vehicle, such as a truck or taxi
- Court-requested footage, such as a shopfront security video
- Eyewitness statements
- Expert testimony
- Accident reconstruction reports
One of your lawyer’s most important tasks is to obtain evidence and collect statements about what happened. You may also provide any private records, such as dashcam footage or photos from the scene.
Deadlines You Can't Miss in Florida Red Light Cases
Strict time frames apply to any injury victims seeking compensation. The two most important are:
- 14 days to get the medical exam required for PIP claims
- 2 years to file a personal injury claim
This two-year deadline is a relatively recent development. A 2023 bill reduced the statute of limitations for negligence cases from four years to two. The four-year deadline still applies to injuries that occurred before March 23, 2023. However, the bill did not alter the statute of limitations for wrongful death, which remains at two years from the date of death.
Deadlines are strict, and missing them can mean losing your right to sue. Contact an attorney for help filing on time.
How Payer Law Turns Intersection Crashes Into Successful Claims
Our attorneys have more than 30 years of experience and a deep understanding of the Miami legal landscape. We have secured over $100 million in favorable settlements and verdicts and are committed to pursuing the compensation you deserve. We’re here for you with a fast investigation team and a bilingual staff that keeps you informed every step of the way.
It pays to call Payer. Call 305-363-7099 or contact us online to schedule a free consultation. There’s no obligation and no fee unless we win.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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