Car accidents can sometimes be caused by unexpected issues, like traffic light malfunctions. This can cause some confusion about the proper way to make a claim: even if another driver was the one to hit you, if both of you had a green light and neither of you was speeding, texting, or otherwise breaking traffic laws, then neither of you is at fault, right? So who is responsible? A car accident lawyer in San Antonio can help you work through this.
Can a Traffic Light Malfunction Cause Liability?
A traffic light malfunction can indeed contribute to an accident and affect liability. If you believe a malfunction caused a crash, neither you nor the other driver may automatically be at fault, but you must prove the malfunction occurred and that it had an impact on how the incident played out. Liability may then shift to the entity responsible for maintaining the traffic signal, which is the city or county, depending on where the light is located, rather than another driver.
What Should You Do if You Suspect a Traffic Light Malfunction Caused an Accident?
1. Document the Scene Thoroughly
Your first step if you suspect that a traffic light malfunction caused the accident is to document the accident scene as thoroughly as possible, assuming it’s safe to do so. Use your phone to take clear photos or videos of the traffic lights from multiple angles, capturing their state (e.g., if they are showing green in both directions or stuck on red). Photograph the intersection, road conditions, and any visible damage to vehicles involved. If the light changes unexpectedly while you’re documenting, record a video to show its erratic behavior.
Then, be sure to collect all the contact information from the other drivers or any passengers involved, as their accounts may support your claim. Dashcam footage from either vehicle may also help.
2. Gather Witness Statements Immediately
Approach bystanders, nearby pedestrians, or other drivers who saw the crash or noticed the faulty signal and ask for their contact information. Politely request a brief statement about what they observed, such as the traffic lights showing conflicting signals, like green lights simultaneously showing in opposite directions. If possible, have the witnesses write down or record their statements on the spot. Fresh memories are always more persuasive than older ones, and these independent accounts can back up your claim, especially if you can’t find any video evidence showing there was a malfunction.
3. Report the Malfunction and Accident Promptly
You want to make sure there’s a clear record of the incident and the suspected malfunction, so call 911 to report the accident, and specifically mention that you believe a traffic light malfunction caused it. When the police arrive, explain the issue clearly and point out any visible signs of the malfunction (if there are any), like a flickering light. The police report will document your statement and may note the signal’s condition if it’s clearly visible. If they do so in their report, this will go a long way towards proving your claim.
You should also contact San Antonio public works to report the malfunction. You can
visit the public works website here to fill out a form, use the City’s 311SA Mobile app, or call either 311 or 210-207-6000 to make this report. Ask for a reference number or confirmation of your report so you’ll be able to show later that you took immediate action and no one can claim you made up the idea of a malfunctioning light later on.
4. Seek Medical Attention
Even if your injuries seem minor after a crash, get medical help. Visit a doctor or urgent care facility as soon as possible to document any possible injuries, such as
whiplash or bruises, and follow the treatment recommendations you’re given. Remember that some injuries don’t show symptoms right away, so just because you “feel fine” shouldn’t be a reason to avoid getting checked out.
Keep detailed records of your medical visits, diagnoses, and expenses, because you’ll need this in your claim for compensation. The closer these treatments are to the moment of the accident, the better. For example, if you have medical reports showing you sought care the same day as the accident, this will strengthen your case by linking those injuries to the crash. If the medical record doesn’t start until three days after the crash, you leave the door open for an insurance company or the city to claim that you weren’t actually injured in the crash at all.
Notify Your Insurance Company and Consult a San Antonio Car Accident Lawyer
After reporting the accident and malfunction, inform your insurance company about the crash and be sure to tell them you believe a faulty traffic light was the cause. Provide them with your photos and videos, witness contacts, and the police report number, but avoid giving a detailed statement until you’ve consulted an attorney.
Claims involving traffic light malfunctions are often going to be made against the government, and that means your rights are more strictly controlled by the Texas Tort Claims Act. It’s harder to bring a claim in these situations, and there are extra hoops to jump through and tighter deadlines to meet, so you’ll need the help of an attorney who is experienced in personal injury and in municipal claims. They can also investigate the malfunction, help you gather the needed evidence, and make sure your claim keeps moving.
How Your Attorney Will Help
Your attorney may hire an accident reconstruction expert to analyze the crash scene and use photos, vehicle damage, and witness statements to confirm what role the faulty signal may have played in the accident. Remember that just because an accident happened and just because a signal was faulty does not automatically mean that the faulty signal actually caused the accident. That’s the step you’ll have to be able to prove. Your lawyer and expert witnesses will help to make this connection and show whether it was primarily the signal that caused the accident or whether it was just one of several contributing factors.
Your lawyer can also subpoena things like maintenance records to check if the light had been manifesting prior issues or whether repairs were being neglected. Records showing repeated complaints about the same signal could prove there was negligence by the city, and this would go a long way for your claim. If available, traffic camera footage from the intersection might be able to provide undeniable evidence of the malfunction, and your lawyer will be able to get hands on that if it exists.
Potential Challenges and Liability Issues
Government entities enjoy a certain amount of immunity from lawsuits unless very specific conditions are met. Under the Texas Tort Claims Act, you must prove the malfunction created an unsafe condition and that the responsible entity knew or should have known about the issue but failed to act. In addition, your actions and the actions of the other driver can contribute to liability and confuse everything. If one of you was speeding or driving distracted, you might be held partially or even primarily at fault.