The question in the title may seem ridiculous. Still, after numerous collisions at an intersection, both drivers have been known to claim that they had a green light. How does such a situation get resolved?
A witness could help, but suppose there were no witnesses:
An officer gets the job of investigating the case. Usually, the investigating officer issues a report that declares that both drivers had failed to stop in response to a traffic signal. So, according to the officer’s report, the failure of each motorist to make the proper response to the signal caused the collision.
One of the 2 drivers did have a green light. What actions should that unfortunate person take?
Before doing anything else, check to see if there was a camera in the area of that same intersection. This action needs to be taken quickly, because any video footage will last no more than 20 to 30 days. Obviously, if a camera had snapped a still picture, then the police should have their evidence, and would not need a report from an investigating officer.
Work with an injury lawyer in Kitchener, with a goal of producing facts that support the allegation that it is more likely than not that the other driver had a red light. Appreciate the fact that this has become a credibility contest. Make a point of giving an honest answer to any question that you get asked.
What aspects of the collision would a lawyer analyze?
At what point in the intersection did the 2 vehicles collide? A motorist that was trying to get through an intersection before the appearance of an anticipated red light would be further into that same space than a driver that had just responded to a green light.
Where was the damage on the client’s vehicle? Someone that was driving rapidly through an intersection would not be apt to have damage on the side. On the other hand, someone that had started to enter that particular space might get hit from the side. That hit could come from a motorist that intended to drive through that same specific space.
How severely was the client’s car damaged? A motorist that was in a hurry would produce a larger amount of damage than one that had no reason to hurry, because there was no need to avoid a possible red light.
Were there any skid marks? A motorist that had been going fast might skid, if that same motorist tried to come to a stop. A driver that had just entered an intersection would not be going fast enough to produce any skid marks. Lawyers know what to look for. Smart drivers seek legal help, when fighting a false charge.