When a broken or malfunctioning traffic signal causes a car crash, fault may lie with more than one party. Depending on the circumstances, responsibility may rest with a driver who failed to proceed safely through the intersection, with the government entity that was supposed to maintain the signal, or with a third party such as a contractor or utility company.
Sorting out who is liable requires a careful look at what caused the failure and how each driver responded.
Drivers Still Have a Duty of Care
A malfunctioning signal does not cancel out a driver’s responsibility to drive safely. In Colorado, when a traffic signal is dark or inoperative, the law treats the intersection as an all-way stop. Every driver must come to a complete stop and yield as though there were stop signs in every direction.
That means a driver who blows through a dark intersection without stopping can be found at fault for a resulting crash. However, because more than one driver may have failed to proceed carefully, fault is often shared among multiple parties.
When the Government May Be Liable
Traffic signals are usually maintained by a city, county, or state agency. If a signal failed due to negligent maintenance, the government entity may share liability for the crash. Examples include ignoring known outages, failing to repair a reported malfunction, or neglecting routine maintenance.
Claims against a government entity are different from ordinary injury claims. They are subject to governmental immunity rules and strict procedural requirements, including special notice-of-claim deadlines that are often much shorter than the normal statute of limitations.
When a Third Party Is Responsible
Sometimes the failure traces back to someone other than a driver or the government. Potentially liable third parties include:
- A contractor performing roadwork who damaged or disabled the signal
- A utility company whose power failure knocked the signal out
- The manufacturer of a defective signal or component
Identifying these parties may open additional sources of insurance and compensation.
When You Share Fault – Comparative Fault
Colorado follows a modified comparative fault rule (C.R.S. § 13-21-111), which directly affects how much you can recover when fault is shared in traffic signal cases. Under this rule, you can recover compensation only if you were less than 50% responsible for the crash.
For example, if your damages total $120,000 and you are found 20% at fault, your recovery drops to $100,000. If your share of fault reaches 50% or more, you are barred from recovering anything.
Because a malfunctioning signal often leaves multiple drivers sharing blame, insurers may try to assign you a larger share to reduce or eliminate your recovery. Therefore, it is important to gather evidence showing you were not at fault.
How to Prove Your Malfunctioning Traffic Signal Case
Fault in these cases turns on evidence. Establishing that a signal malfunctioned and who was responsible may require:
- Traffic camera or surveillance footage
- Government maintenance and repair records
- Witness statements from other drivers
- Accident reconstruction analysis
- Records of prior complaints about the signal
Because signal-failure cases can involve several potential defendants and complex government claim rules, they are often difficult to handle alone. If you were hurt in a crash caused by a malfunctioning traffic signal, contact an experienced personal injury attorney for help determining who is liable and how to recover compensation. Purvis Thomson, LLC offers free consultations.