Intersection Accidents and Injuries

Traffic intersection accidents often result from negligent driving, such as running red lights, failing to yield, speeding, or distracted driving. These behaviours put other drivers, passengers, and pedestrians at risk. Common injuries in intersection accidents include whiplash, broken bones, head injuries like concussions or traumatic brain injuries,

and internal injuries due to the force of the crash. These injuries can cause long-term physical, emotional, and financial hardship.

An Edmonton motor vehicle accident lawyer can investigate the accident circumstances, gather evidence, and prove the other driver’s negligence. They can also negotiate with insurance companies to secure a fair settlement or represent the victim in court if necessary. With legal guidance, victims can receive compensation for lost income, pain and suffering, and other losses.

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Most Common Types of Intersection Crashes

Intersection crashes are among the most common and dangerous types of accidents on the road, and negligent driving often plays a significant role in causing these collisions.

One of the most frequent types of intersection crashes is the failure to yield, which happens when a driver does not give the right-of-way as required by traffic signals or signs. For example, a driver may run a red light or fail to stop at a stop sign, causing a collision with another vehicle that has the right of way. Failing to yield often results in side-impact crashes, also known as “T-bone,” accidents, which can be especially dangerous because of the lack of protection on the sides of vehicles.

Another common type of intersection crash is due to distracted driving. Drivers who are texting, talking on the phone, or engaging in other distractions may fail to notice red lights, stop signs, or other vehicles. These behaviours lead to their running red lights or not stopping at intersections, which increases the risk of collisions. Distracted driving can also cause a driver to misjudge the speed or distance of oncoming traffic, making it difficult to avoid accidents.

Impaired driving due to alcohol or drugs is also a significant factor in intersection crashes. When drivers are under the influence, their reaction times are slower, and their ability to make good decisions is impaired. They may miss stop signals or fail to stop when required, leading to dangerous accidents. Impaired drivers are more likely to cause crashes that result in severe injuries or fatalities because they are less able to control their vehicles.

Speeding is another major contributor to intersection accidents. Drivers who are speeding may be unable to stop in time to avoid running a red light or stop sign. High speeds also reduce the time a driver has to react to changes in traffic patterns, increasing the likelihood of a crash.

Finally, reckless driving – such as weaving through traffic, tailgating, or aggressive driving – often leads to intersection collisions. Drivers who do not follow traffic laws or who engage in risky behaviours are more likely to cause accidents at intersections –  especially in busy or congested areas.

Most Common Types of Intersection Accident Injuries

Intersection accidents due to negligent drivers can result in a wide range of injuries, some of which can be severe or even life-threatening. These injuries are often due to the force of impact in crashes, particularly those involving side or head-on collisions. The most common types of injuries victims suffer in these accidents include whiplash, broken bones, head injuries, and internal injuries.

• Whiplash is one of the most common injuries in intersection accidents. It occurs when a sudden jolt or impact forces the neck and head to move rapidly forward and backward, causing strain on the muscles, ligaments, and tendons in the neck. Whiplash can result in pain, stiffness, and headaches, and in more severe cases, it may lead to chronic neck problems. Whiplash is especially common in rear-end collisions, which often happen when a negligent driver fails to stop in time.
• Broken bones are also frequent in intersection accidents, particularly when there is a direct impact on the body. For example, in a side-impact collision (T-bone accident), the force of the crash can cause broken ribs, arms, or legs. These injuries can range from fractures that require a cast to those needing surgery. Broken bones are painful and often take months to heal, during which time victims may need physical therapy and may face a long recovery period.
• Head injuries, including concussions and traumatic brain injuries (TBIs), are another serious risk in intersection accidents. When a driver or passenger’s head strikes the steering wheel, dashboard, or window, this action can cause a concussion or even more severe brain damage. Head injuries can have lasting effects, including memory loss, difficulty concentrating, or emotional changes. In some cases, brain injuries can lead to permanent disabilities or even death.
• Internal injuries are also common in serious intersection accidents. The force of the crash can cause internal organs to be damaged or bruised, such as the lungs, liver, spleen, or kidneys. These injuries can be difficult to detect immediately and may not show symptoms right away. If left untreated, they can be life-threatening. 
• Other injuries, like cuts, bruises, and emotional trauma, are also common in intersection accidents. Victims may suffer long-term physical and psychological effects as they recover from these painful and often life-altering incidents.

How to Prove an Intersection Accident Case Successfully

To successfully prove the legal elements of a traffic intersection accident due to a negligent driver, there are several key factors that must be established. In any personal injury claim resulting from an intersection accident, the injured party must show that the other driver acted negligently and that this negligence directly caused the accident and resulting injuries. The four main legal elements to prove in such a case are duty of care, breach of duty, causation, and damages.

Duty of Care: Every driver on the road has a legal responsibility to drive in a manner that ensures the safety of others, which is known as the “duty of care.” In the context of an intersection accident, the driver involved must have been required to obey traffic laws, such as stopping at stop signs or obeying red lights. Proving that the negligent driver had a duty of care means showing they were expected to follow these laws while operating their vehicle in the intersection.

Breach of Duty: Once a duty of care is established, the next step is proving that the other driver breached that duty, which means showing that the driver failed to follow the traffic laws or drove recklessly. For example, if a driver ran a red light, failed to yield the right-of-way, or was texting while driving, these actions would be considered breaches of duty. Evidence like traffic camera footage, eyewitness testimony, or police reports can be used to demonstrate that the driver failed to meet the standard of care required by law.

Causation: Causation means the plaintiff (the person making the claim) must prove that the negligent driver’s breach of duty directly caused the accident and their injuries. It is not enough to show that the other driver was negligent; the plaintiff must prove that the negligence was the direct cause of the crash. For instance, if a driver runs a red light and crashes into another car, the plaintiff must show that the red-light violation was the direct cause of the accident, not some other factor.

Damages: Finally, the injured party must prove that they suffered actual damages as a result of the accident. Damages can include lost earnings, pain and suffering, and other losses. Medical records, expert testimony, and accident reports are often used to show the extent of the injuries and their effect on the victim’s life.

Settlement Versus Litigation in an Intersection Accident Case

When a victim is involved in a traffic intersection collision due to a negligent driver, they often face a decision about whether to settle the case or pursue litigation. Both options have their pros and cons, and understanding the differences between settling and litigating can help victims make an informed choice.

Settling a Case

Settling an accident case means that the parties involved reach an agreement outside of court. The negligent driver’s insurance company may offer a financial settlement to the injured party in exchange for dropping the legal claim. Settlements are usually faster and less expensive than litigation because they avoid the time and costs associated with a trial. In many cases, lawyers negotiate settlements, which may involve mediation, where both sides work to agree on an amount of compensation.

One of the biggest advantages of settling is that it provides certainty. The victim knows how much they will be compensated and can receive the payment much sooner than if they go through a lengthy trial. Settlements also help avoid the emotional toll and stress of a courtroom battle. However, the downside is that victims may not receive the full amount of compensation they can potentially win in court. Insurance companies often offer lower settlement amounts to avoid the costs of litigation. Furthermore, once the parties agree upon a settlement, it is final, and the victim cannot go back for more compensation later.

Litigating a Case

Litigation involves taking the case to court, where a judge or jury will hear the evidence and decide the outcome. This process can take months or even years. However, litigation offers an opportunity to present the case in full and seek the maximum amount of compensation, including for pain and suffering and other damages that may be difficult to quantify in a settlement.

The downside of litigation is that it is uncertain. While victims may win a large award, there is also the risk of losing the case or receiving a lower amount than what was offered in a settlement. Trials are also public, which may be a concern for some victims who prefer privacy.

Whether to settle or litigate depends on the victim’s specific circumstances, including the severity of the injuries, the strength of the evidence, and how much compensation is being offered. Both options have their merits, and legal advice is often essential in making the best choice.

Call an Experienced Motor Vehicle Accident Lawyer Right Away

If you recently sustained injuries in a traffic intersection accident, a skilled motor vehicle accident lawyer can immediately investigate your accident circumstances and

determine your legal options. If you are eligible to file a claim, your Edmonton personal injury lawyer can handle every step of the process for you and, if necessary, pursue litigation in your case.