In a Right Turn On Red Accident, Who is at Fault?

A collision resulting from a motorist turning right on a red traffic light can have fatal consequences. In most cases, the layout of the intersection, surrounding traffic patterns, and vehicle speed are found to be critical variables in determining the outcome of a case. It’s important to know the law and understand who holds the right of way to keep your loved ones safe.

Wisconsin Right Turn On Red Law

In Wisconsin, a motorist approaching a solid or flashing red light or stop sign must come to a complete stop prior to the nearest marked limit line, such as a crosswalk, or the entrance to the intersection itself. The State law allows motorists to make a right turn after stopping at a red light, as long as:

1. There are no signs prohibiting it,
2. the driver does not have to cross traffic lanes to make the turn,
3. and it is safe to do so.
   

There are a number of ways that a right turn on red accident can occur. Below we discuss a few common causes.

Driver Does Not Stop or Yield

If you are driving straight toward an intersection and have a green light, and another vehicle hits you after making a right turn without stopping or yielding the right of way, that driver could be found negligent and liable for the accident. Vehicles that are already on the roadway have the right of way, unless they have a stop sign, traffic light, or traffic signal that tells them to stop.

Even in the case of a speeding oncoming car, motorists should yield before making a right on red turn. A motorist may be found liable if they attempt to merge without accounting for the necessary time and space to do so.

Pedestrians & Bicyclists

When motorists begin to execute a right-hand turn, they are generally more focused on oncoming traffic and their ability to merge successfully. If you’re a pedestrian or a cyclist within a marked crosswalk, you may find yourself outside of their field of view and in a situation that leaves you hurt or hospitalized.

If a vehicle strikes you in a crosswalk, the driver will often claim to have had the right of way and that you crossed during a “no walk sign,” or out of turn. Any evidence that proves your right to cross will be important to your case. There may be witnesses nearby or traffic cameras that can be checked. The police may also do breathalyzer tests to see if the driver was under-the-influence or determine if they had been using their cellphones while driving.

Hit and Run Accidents

Hit and run accidents are also common with right turn on red accidents. In a hit-and-run, any information regarding the description (Ex. model, color, or license plate) will help ensure that the driver is found. A general rule of thumb is to always take care of yourself or any bodily injuries first, before attempting to gather any evidence or testimony.

Contacting A Milwaukee Car Accident Attorney

If you have been injured by a negligent motorist making a right-hand turn on a red light, contact our office to begin working towards a resolution. You may be entitled to compensation to cover any injuries, damages, lost wages, and/or medical costs you have incurred. Contact the Milwaukee personal injury law firm Natasha Misra Law today to schedule a free consultation.