Are Red Light Runners Always At Fault in a Crash?

The Default Rule: Red Light Runners Are Presumed At Fault

Running a red light is a violation of KRS 189.338, which requires all vehicles to stop at a steady or flashing red signal. Under Kentucky law, a violation of a traffic safety statute is generally treated as negligence per se in a civil case — meaning the violation itself establishes the breach of duty element without needing further proof of unreasonable behavior. Police officers typically note the red-light violation on the crash report, and insurance adjusters start from the same presumption.

The consequences of running a red light go beyond the civil case. Kentucky law provides for fines of $20–$100 for the violation itself. When the violation is combined with speeding, DUI, or results in serious injury or death, criminal charges may apply under KRS Chapter 189.

When Is the Red Light Runner NOT at Fault?

While running a red light creates a strong presumption of fault, Kentucky’s pure comparative fault system — established under KRS 411.182 — allows a jury to assign percentages of fault to every party involved. A red-light runner might argue — and sometimes successfully — that:

• A malfunctioning traffic signal failed to display a proper red light, and the driver had no way to know they were in violation
• A rear-end collision pushed their vehicle through the intersection, and the red light run was not intentional
• Road conditions (ice, brake failure, debris) made it physically impossible to stop in time
• Another driver’s action — speeding, running a yellow in an emergency, or failing to yield — was the primary cause of the collision even though the other driver technically had a green light
• The light was yellow, not red, and there is a genuine dispute about the signal’s status at the moment of entry

These arguments don’t necessarily win, but they can shift fault percentages and reduce what the red-light runner owes. Conversely, if you had the green light and were hit by a red-light runner, you need to be prepared for the at-fault driver’s insurance company to claim you contributed to the crash somehow — even with thin evidence.

How Kentucky’s Comparative Fault Rule Affects Your Recovery

Kentucky uses pure comparative fault under KRS 411.182. Your damages are reduced by whatever percentage of fault a jury assigns to you. If the red-light runner was 85% at fault and you were 15% at fault, and your total damages are $200,000, you would recover $170,000.

The key advantage of pure comparative fault is that you can recover even if you were partially responsible for the crash — even if your share of fault is quite high. This is more favorable than most states’ rules, which bar recovery if you are 50% or more at fault. But it also means insurance companies will aggressively probe for anything they can attribute to you — speed, attention, position in the lane — to inflate your fault percentage and reduce their payout.

Evidence That Determines Fault in a Red Light Crash

Traffic Camera Footage

Many Louisville intersections have traffic cameras, red light cameras, or nearby surveillance cameras. This is the most objective evidence available — it shows exactly when each vehicle entered the intersection and what the signal displayed. Traffic camera footage is often overwritten in 24–72 hours. Preserving this evidence before it is gone requires fast action after a crash.

Police Report and Officer Observations

A police report documents the officer’s initial assessment of fault, which often carries significant weight with insurance adjusters. The report includes statements from drivers and witnesses, which can support or contradict each driver’s account of the signal status. Learn more about which documents matter most after a crash.

Witness Statements

Bystanders who saw the crash or who were waiting at the light have no stake in the outcome and often provide the most credible accounts. Identifying and contacting witnesses quickly — before memories fade and before they leave the scene — is critical. A dedicated legal team can handle this process on your behalf.

Event Data Recorders (Black Boxes)

Most modern vehicles record speed, braking, and throttle data in the seconds before a crash. This data can confirm or refute claims about speed at the time of impact. Black box data can be overwritten or lost without a formal legal hold. Get a traffic light accident attorney involved early to preserve it.

Physical Evidence

Skid marks, point of impact on the vehicles, debris fields, and vehicle damage patterns all provide forensic clues about who entered the intersection first and at what speed. Accident reconstruction may be needed in disputed high-stakes cases.

T-Bone Crashes: The Most Common Red Light Collision Type

Most red-light crashes are T-bone (broadside) collisions — the red-light runner strikes the side of a vehicle with the right of way, or vice versa. T-bone crashes are among the most dangerous intersection crash types because vehicle side structures provide far less protection than front or rear structures. Occupants on the impacted side often suffer the most severe injuries, including head trauma, broken bones, and internal injuries.

The position of the damage on each vehicle is itself evidence. When the striking vehicle’s front strikes the side of the other car, that strongly supports the conclusion that the struck vehicle was the one in the intersection first with the right of way.

What to Do Immediately After a Red Light Crash in Kentucky

• Call 911 — always get a police report, even for seemingly minor crashes
• Document the signal — if the light is still showing, photograph it. Note the signal cycle length and any nearby cameras
• Photograph everything — vehicle positions, damage, skid marks, road markings, and any nearby camera equipment
• Get witness information — names and phone numbers from everyone who saw the crash
• Do not accept blame or apologize — even a minor comment can be used against you
• Seek medical attention immediately — adrenaline masks injury; get evaluated even if you feel fine
• Contact an attorney before giving a recorded statement to any insurance company