Red Light Runners in NJ: Are They Always Liable for a Crash?

Every driver in New Jersey has encountered red light runners—those impatient or distracted motorists who ignore traffic signals and endanger everyone on the road. But when a red light runner causes a crash, are they automatically at fault?

While running a red light is a clear traffic violation under N.J.S.A. 39:4-105, determining liability in an accident isn’t always straightforward. Factors like comparative negligence, witness statements, and traffic camera footage all play a role in determining fault. 

If you were injured in a red-light accident, understanding your rights under New Jersey law is crucial.

How Is Fault Determined for a Red-Light Crash?

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1), meaning fault isn’t automatically assigned to one party. Instead, investigators examine multiple pieces of evidence to establish liability.

Key Factors Considered in a Red-Light Crash Investigation:

• Police Reports – Officers at the scene collect statements, review the damage, and note any traffic violations. Their findings play a significant role in insurance claims and potential legal cases.
• Traffic Camera or Dashcam Footage – Many intersections in New Jersey are equipped with red light cameras, which can provide undeniable proof of who ran the light. If available, dashcam footage from other vehicles may also support a victim’s claim.
• Witness Testimony – Third-party accounts can help clarify which driver had the right of way, especially when there is a dispute over who had the green light.
• Vehicle Damage & Skid Marks – The impact and positioning of vehicles can indicate whether someone tried to stop in time or was traveling at excessive speed.
• Cell Phone & GPS Data – If a driver was distracted at the time of the accident, phone records may provide crucial evidence. Additionally, GPS tracking can indicate speed and movement patterns before impact.

If a red-light runner caused your crash, these factors will be used to establish liability. However, there are scenarios where the runner may not be fully responsible.

Potential Defenses for Red Light Runners

Even if a driver ran a red light, they might not be 100% at fault. Here are some defenses that could reduce their liability:

• Malfunctioning Traffic Signals – If a light was not functioning properly, the driver may argue they had no way of knowing the signal status. Intersections with faulty lights can create confusion, and in some cases, the local municipality may share liability.
• Emergency Situations – Drivers transporting a person in medical distress or trying to avoid an immediate hazard might have a valid defense. For example, an ambulance or a driver rushing someone to the hospital may have a legal reason for proceeding through a red light.
• Obstructed View – A large truck, tree branches, or poorly placed road signs might have blocked the driver’s view of the light, making it unclear whether they were legally required to stop.
• Comparative Negligence – If the other driver was speeding, distracted, or failed to yield, they might share liability. This is especially relevant in cases where both drivers claim to have had the green light.

Is the Red Light Runner Always to Blame?

Not necessarily. New Jersey’s comparative negligence law allows courts to assign a percentage of fault to each party. If the injured driver is found to be more than 50% responsible, they may be barred from recovering damages (N.J.S.A. 2A:15-5.1).

Here’s how victims might share fault:

• Jumping the Green Light – If a driver entered the intersection before the light was fully green, they may share blame for failing to yield.
• Speeding – A victim traveling well over the speed limit may have made the accident unavoidable. Even with the right of way, excessive speed reduces reaction time.
• Distracted Driving – Texting, eating, or adjusting the radio can slow reaction times, making it harder to avoid a collision. If a driver failed to notice the red-light runner in time, they may be partially liable.
• Driving Under the Influence – If the victim was impaired by alcohol or drugs, their ability to react properly to the red-light runner might have been compromised.

Can You Sue for a Red Light Running Accident in NJ?

Yes, if you were injured due to a red-light runner’s negligence, you can file a personal injury claim under New Jersey law. Potential damages include:

• Medical Bills – Emergency care, surgeries, therapy, and ongoing treatment costs can be recovered.
• Lost Wages – If your injuries prevent you from working, you may be entitled to compensation for lost income.
• Pain & Suffering – Emotional distress, physical pain, and diminished quality of life are all compensable damages.
• Property Damage – Vehicle repair or replacement costs can be included in your claim.
• Punitive Damages – In cases where the at-fault driver acted with extreme recklessness, punitive damages may be awarded to punish their behavior and prevent future incidents.

Statute of Limitations:

In New Jersey, you have two years from the date of the accident to file a personal injury lawsuit (N.J.S.A. 2A:14-2). Missing this deadline could prevent you from recovering compensation, so taking action as soon as possible is crucial.

Consult with an Experienced Attorney

If you or a loved one has been injured in a red-light crash in New Jersey, don’t navigate the legal process alone. At Rosengard Law Group, we have the experience and resources to investigate your claim, gather evidence, and fight for the compensation you deserve.

Call us today at (856) 284-6446 or visit www.rosengardlawgroup.com to schedule your case review.