In Ontario, as in many places, running a red light is a serious traffic violation. But if you are involved in a crash with a red-light runner, but that does not mean they are automatically liable. There are key factors that may influence liability when ignoring a traffic signal leads to a crash.
If you were involved in a car accident due to a red-light runner, contact our lawyers at Greg Monforton & Partners. Our experienced car accident lawyers in Windsor advocate for our clients’ right to fair compensation every day. We want to help you too. Find out if you may have legal options at no cost to you.
Call us today to request a free legal consultation: (866) 320-4770.
What Are the Laws About Red Lights in Windsor, Ontario?
In Windsor, Ontario, drivers must come to a complete stop at a solid red light unless making a permitted right turn after stopping.
The law under Ontario’s Highway Traffic Act (HTA) mandates that all drivers must stop at a red light and only proceed when it is safe.
Turning a red light carries a fine of up to $325, adds three demerit points to your licence, and can result in a licence suspension for repeat offenders.
Although red-light laws are straightforward, determining liability after a collision isn’t always black and white. Even when a driver runs a red light, other factors, such as road conditions, vehicle maintenance or the actions of other motorists, may influence how courts and insurance companies assess fault in a crash.
Are Red-Light Runners Always Liable if Their Actions Cause a Crash?
While running a red light is a serious traffic violation, the red-light runner may not be deemed 100 percent liable for the crash. Under Ontario’s Negligence Act, if both parties contributed to the collision, the court will determine each person’s degree of fault. Any compensation to you would then be reduced by your percentage of fault in the accident.
For example, if you had a green light but were speeding when a red-light runner hit you, the court might find both parties partially responsible. The judge or jury would then apportion damages based on each party’s degree of fault. This makes it essential to have experienced legal representation to help ensure fault is fairly assessed and your right to compensation is protected.
Liability in Red-Light Running Cases
Red-light crashes can be especially challenging, because it can easily turn into a “he-said, she-said” situation. The driver who ran the red light may try to say it was still yellow or that the other driver “jumped the green light” and drove into the intersection too soon.
In short, fault for a red-light collision can involve multiple responsible parties beyond just the driver who ran the light. Investigators and insurance companies must consider all potential sources of liability, which could include:
- The Red-Light Runner: The driver who failed to stop at the red light often bears significant responsibility, particularly if they were distracted, impaired, or deliberately ignored the signal.
- Other Drivers: Multiple vehicles may share fault if their actions contributed to the crash, such as a driver who was speeding through a green light or one who made an unsafe lane change when approaching the intersection.
- Municipality or Road Authority: If faulty traffic signals, obscured road signs, or poorly maintained infrastructure contributed to the crash, the city or responsible authority may bear partial liability.
- Vehicle Owners: In cases where brake failure or other mechanical issues caused a driver to run the red light, the owner could be liable if their failure to maintain their vehicle contributed to the collision.
- Construction Companies: If a construction company created hazardous conditions when setting up work zone or failed to place signage at the intersection, they could share liability for the crash.
Contact an Experienced Windsor Car Crash Lawyer for Legal Answers
Running a red light is a serious traffic violation, and drivers who do so are often held liable for the damages if a crash occurs. However, determining liability involves more than just identifying who violated traffic laws.
At Greg Monforton & Partners, we are here to help. You can call our law offices anytime, night or day, to request a free case review. Seeking legal help soon after the crash ensures someone ensures a highly qualified lawyer is protecting your best interests and legal rights. There are no upfront costs or fees to pay. We only get paid if you do.
Find out if you are eligible for compensation today. (866) 320-4770.