Navigating intersections is challenging and tricky, even for experienced drivers. So, it’s no surprise that the Federal Highway Administration reports that about 50% of all traffic crashes occur at or near intersections. This means that one out of every two road accidents can be attributed to an intersection.
The U.S. insurance and negligence laws require that the driver responsible for an accident be financially responsible for property damages arising from that accident and, in some states, medical expenses incurred due to that accident. So, if you are involved in an intersection accident, you’ll likely be wondering who is at fault.
These accidents could be complex to unentangle. However, since there are laws surrounding intersection use, drivers who violate traffic laws or right-of-way rules will generally be at fault in an intersection accident.
For this article, we explore intersection accidents, how they happen, and how to determine fault for an intersection accident. We also discuss how much you can expect in settlements if you’ve been in an intersection accident.
An intersection accident is a collision that happens at or around a junction that connects two or more roads. Accidents while a driver is attempting to navigate an intersection may also be deemed accidents. These accidents involve not only cars; they also affect bicyclists and pedestrians since many use intersections.
But all that begs an important question. What can be classified as an intersection?
Intersections are areas where two or more roads meet. The beginning of an intersection is usually marked by clear lines, especially when it connects four or more roads.
In Kansas, Kan. Stat. § 8-1428 defines an intersection as an area within lateral curb lines. Where there are no curb lines, the boundary lines where the roads of two highways join one another at right angles, or the area where vehicles traveling on different highways may conflict. An intersection in Kansas will also be every crossing that intersects two highways 30 feet or more apart.
Practically all 50 states and the District of Columbia describe intersections in a manner similar to the definitions above. Some similar examples are Missouri (Mo. Rev. Stat. § 300.010(14)) and South Carolina (S.C. Code § 56-5-490). There may, however, be slight differences like Illinois law (625 Ill. Comp. Stat. § 5/1-132), which provides that crossings that intersect highways 40 feet or more apart will be considered separate intersections.
There are two major types of intersections with different right-of-way rules affecting each:
Signalized intersections have traffic lights that regulate drivers' movement. The primary function of traffic lights at these intersections is to assign drivers right-of-way.
State law governs the function of traffic lights at these intersections. In California, drivers facing a green light at a signalized intersection may proceed cautiously, but they must remember that pedestrians have the right of way.
Similarly, in Texas, Texas Transportation Code § 545.151(a) stipulates that vehicles entering an intersection must obey the signals of any traffic control device (only green lights will grant outright permission to proceed § 544.007).
Unsignalized intersections are more common than the other. Just because they are all termed "unsignalized" does not mean that nothing directs traffic at the intersection.
Intersections with stop signs, intersections with yield signs, and uncontrolled intersections (where there is no sign or signal to regulate traffic), are all types of unsignalized intersections. Like with signalized intersections, state law also determines right-of-way at unsignalized intersections.
Enacted legislature from different states will be employed to properly illustrate general principles regarding each type of intersection.
In Florida, Fla. Stat. § 316.121 provides that any driver entering a state, city, or county-maintained road not subject to the control of an official traffic device must yield the right-of-way to all vehicles approaching on that road.
With North Carolina, N.C. Gen. Stat. § 20-155 says when two drivers approach an intersection from different highways simultaneously, the driver on the left must yield the right-of-way to the driver on the right.
The same section stipulates that when a driver intends to enter an intersection to turn left into an alley, private road, or driveway, that driver must yield the right-of-way to any driver coming from the opposite direction that is already within the intersection.
Rhode Island’s 31 R.I. Gen. Laws § 31-17-1 requires drivers approaching an intersection to yield right-of-way to a driver who has already entered said intersection from a different direction.
At times, an intersection may only be unsignalized because the traffic light supposed to be there needs to be fixed.
Most states allow drivers to proceed cautiously but still recognize the right-of-way when this happens. An example is Arizona under Ariz. Rev. Stat. § 28-645(C) which provides that a driver approaching an inoperative traffic signal must come to a complete stop before entering the intersection, proceed only when it is safe to do so, and yield the right-of-way to the driver on the right is they are on the left.
Nebraska’s Neb. Rev. Stat § 60-6, 123 contains a similar provision requiring drivers to treat such intersections as multi-way stops.
Several things usually cause intersection accidents. They are:
Driver errors are a leading cause of intersection accidents. Drivers often misjudge the distance of an intersection once they are in it or fail to take note of certain factors. When a driver enters an intersection after wrongly misjudging the distance and faces an oncoming vehicle, they may be too scared or confused to react safely, which could result in an accident.
A driver failing to yield the right-of-way to another driver who legally has that right will likely cause an intersection accident. We have established how right-of-way rules regulate traffic progression and how disregarding them will put both drivers at risk since they will unnecessarily conflict.
Driving while fiddling with controls, taking calls, or texting is risky. But doing so at intersections is even riskier. Not only do drivers have to watch out for other cars, but they also have to yield right-of-way to pedestrians and bicyclists in most cases. Slight lapses in concentration at this stage could cause fatal injuries to pedestrians and bicycles, even if drivers manage to avoid other vehicles.
Drivers who try to force their way through intersections without regard for the safety of other drivers and pedestrians will also cause intersection accidents. Aggressive and negligent drivers exhibit traits like overspeeding, tailgating, and running red lights. They make driving difficult for other drivers and are likely to leave chaos in their wake.
Yellow lights at signalized intersections are grey areas because they could mean different things to different people.
On one hand, some drivers would see yellow lights as a sign to speed up and enter an intersection before the red light appears. Other drivers may, meanwhile, see yellow lights as a sign to slow down and stop abruptly once the yellow light comes up.
Furthermore, drivers who enter an intersection on a yellow light may find themselves in a situation where oncoming traffic gets a green light immediately after they enter.
To avoid these situations, it is best that drivers understand their state’s law on yellow lights at intersections and act accordingly. All states either adopt a permissive approach that allows drivers to enter an intersection on a yellow as long as it is safe or a restrictive approach. Restrictive yellow laws ask drivers to stop at a yellow light unless it is unsafe.
Poor weather conditions could reduce visibility. With lower visibility, drivers may be unable to tell exactly if an intersection is free before entering.
Faulty traffic lights could send contradictory signals in different directions of traffic. Situations like these are rare but still happen and could be highly fatal.
Responsibility for an intersection accident will primarily rest on any driver who violated traffic laws. However, when both drivers break the law, the primary responsibility will be the driver whose violation directly resulted in the accident.
To illustrate, if a drunk driver collides with a driver who fails to wear their seatbelt, the drunk driver will still be primarily responsible. Still, they may not be entirely financially liable if specific injuries would have been less severe had the other driver worn their seatbelt.
To determine fault in intersection accidents, police officers, insurance claim adjusters, and courts review traffic camera footage. If there is no footage or the evidence proves insufficient, they will rely on the driver's accounts, witness statements, and other physical evidence from the crash.
It might not always be obvious which driver is at fault for an intersection accident, so to help you understand who's at fault in an intersection accident, you might have been in, we will examine common intersection accident scenarios and which driver would be responsible in each.
When a driver who was previously parallel to other cars in a lane then attempts to turn right across other cars in a lane, they will be violating traffic law. Even if they are at a signalized intersection where the traffic light permits a right turn, they should have joined a turn lane initially and should not turn across traffic. Generally, drivers should always yield to any vehicles on their right.
Therefore, any side-impact or T-bone collision that occurs here will be the fault of the turning driver. However, the other driver must also have reasonably tried to avoid the accident if avoiding the accident would have been possible.
Rear-end accidents at intersections are usually caused by sudden stops, overspeeding, or tailgating (following too closely). With sudden stops, the stopping driver is responsible if the halt is unwarranted. However, even sudden stop accidents can be avoided if the following driver takes proper care.
When the accident is only caused by the following drivers overspeeding or tailgating, the following driver will be responsible.
Finally, if a rear-end accident is caused because the driver that rear-ends crosses into an intersection against right-of-way, either by running a red light at a signalized intersection or failing to yield to another vehicle that arrived before them at an unsignalized intersection, the rear driver will be responsible.
Drivers are always obligated to yield right-of-way to pedestrians at intersections. Therefore, drivers will almost always be responsible for hitting pedestrians or bicyclists. However, when there is a pedestrian traffic crossing signal that the pedestrian has disregarded, the driver may not be fully responsible but will likely still bear some fault if they could have safely avoided the accident.
Many states allow drivers to make left turns at red lights, but only if they are turning into one-way roads. This rule could apply at intersections, but a left turn must only be made after yielding the right-of-way to oncoming traffic and pedestrians.
If a driver turns left at a red light into a one-way road where it is allowed but collides with oncoming traffic while trying to enter the road, the turning driver will still bear responsibility.
Head-on collisions at unsignalized intersections are the fault of the negligent driver, as evidenced by that driver's failure to yield right-of-way after encountering a stop or yield sign. If the intersection has no stop or yield signs, the driver who entered the intersection second will be responsible for the accident. If both drivers arrive simultaneously, the driver to the left will be responsible.
At signalized intersections, the driver who ran a red light to cause a head-on collision will be responsible for the accident. If the light is faulty and gives contradictory signals to drivers to cause a head-on collision, the government is supposed to maintain that light will be responsible.
According to a 2020 Thompson Reuters study, the average award for vehicular liability lawsuits is over $2.6 million, while the median amount is $50,000.
There is also a significant correlation reported between the trend of securing legal representation from the beginning of a lawsuit and the higher damages being awarded. A Martindale-Nolo survey from 2015 to 2020 also indicated that claimants with lawyers received an average of 68% more in settlements than claimants without lawyers.
The average payout victim of an intersection accident may expect could vary depending on many factors. Whether the accident caused personal injury, involved a pedestrian, and the level of property damage will all influence the settlement amount victims end up with.
The state you're in may also affect your settlement, as studies show that states like California and Georgia tend to award more nuclear verdicts (over $10 million) for personal injury lawsuits.
To determine who is at fault for an intersection accident, investigators and insurance claim adjusters will determine which party violated traffic laws.
To ensure that you are always on the right side of the law and reduce yourself to the exposure responsibility for an intersection accident, you must be familiar with all the relevant traffic laws in your state.
However, if you have been involved in an intersection accident, do not admit fault on the scene, regardless of your beliefs. The next best thing to do is to get an experienced personal injury lawyer after complying with all your post-accident on-scene legal requirements.
If you are not at fault for the accident, a lawyer will help you secure damages to compensate for your injuries, pain, suffering, and property damages through negotiation with insurance companies or a lawsuit. If you are responsible for the accident, a lawyer will also help by attempting to reduce your financial liability through negotiations or in court.
Have you been in an intersection accident and don't know how to get a lawyer? We can help. At The Accident Helpers, we connect you with the best personal injury lawyers in your area for free! Contact us today, and let's get started.