Menu

Injuries After Running a Red Light Caught on Camera: What Are My Rights in Court?

by M.J. Collins on August 25, 2013

Injuries After Running a Red Light Caught on Camera: What Are My Rights in Court?

If you cause an accident by running a red light, it is assumable that the Court will find you “at fault” for the accident. This type of ruling has been pretty standard until the implementation of red light cameras. Now, due to the large controversy surrounding these traffic control devices, fault is harder to prove because there is speculation whether the ticket is valid.

Understanding Camera Issued Red Light Citations

Local and state authorities assume that a red light camera is infallible. If a car is caught running a red light, a ticket is issued to the registered owner of the car. The authorities are not interested in who was driving the car, or what the reasons were behind the car not stopping. It is their legal assumption to believe that the car was being driven by the registered owner.

However, there are many instances where this is not the case and the owners of the car wish to fight the ticket. These owners are required to let the payment time elapse to pay the ticket and have the State issue a citation. Only when this second citation is issued can the owner of the car fight the ticket.

When the owner of the car goes to Court, the burden of proof lays entirely on them. They must prove that they were not responsible for going through the red light, and that the citation is invalid because it was issued to the wrong person. This may sound impossible to do, but an experienced traffic ticket attorney, such as a Florida traffic lawyer, will help to handle this type of case with ease.

How This Impacts Personal Injury Cases

Many people would assume if a person who caused the accident was issued a camera red light citation, that the burden of proof had been made for the responsibility of the accident. Now, however, a person can fight these tickets and be absolved of responsibility for running the red light. If this happens, there will be a question as to whether or not the person can then be cited as responsible for causing the car accident.

Having the red light ticket thrown out in traffic court could effectively have the negligence charges for the accident also dismissed.

Why You Need A Traffic Ticket Lawyer

Being held as the responsible party for a car accident can be financially devastating. You risk being sued personally, above what your insurer is being sued for at the time. You also can expect very large legal bills and potential financial problems in the future.

Fighting this red light traffic ticket, however, can be the key to proving you are not responsible for the accident. Not only will you be absolved of having to pay the very large fine associated with the ticket, the accident would have to revert to a no-fault case and you would be protected from financial ruin. Additionally, having this ticket dismissed will also help prevent you from having points attached to your license or having your insurance premiums increase because you are now seen as a higher risk.

Going to court for running a red light and causing an accident is a stressful event, but can be made simpler by understanding the above information. If you were not the one driving, you must provide the necessary proof. It is crucial that you defend yourself if you were not the driver to protect yourself from financial burdens.


M.J. Collins knows how stressful it can be to go to court for something that is not your fault. She has learned that Katz &  Phillips, P.A., a Florida traffic lawyer, can make the going easier and provide more support for your case.

 

Previous post:

Next post: