If A Red-Light Camera Falls on a Car and No One Sees It, Who is at Fault?

red-light-camera

John R. Yannaccone, P.E., Senior Mechanical Engineer
Case Synopsis: Early one morning, a motorist was traveling in the right lane of a roadway equipped with red-light cameras. As he approached an intersection, a pole supporting a red-light camera fell over and struck the hood of his vehicle. The impact caused moderate damage to the hood of the vehicle, and the driver sustained injuries as a result of the incident. It was believed the camera pole fell due to prior damage which had weakened it. The motorist retained counsel and pursued a claim against the driver’s under/uninsured motorist policy which would only be required to pay if the incident was caused by another motor vehicle. The insurance carrier denied the claim as they believed there was no evidence to support that the camera pole fell as the result of prior contact by an unknown vehicle.
Expert Analysis: By the time the plaintiff had retained an attorney, the fallen pole had been replaced and the damaged components had been discarded. Though a physical inspection was not possible, photographs retrieved from other red-light cameras at the intersection, as well as the records from the subject pole, were reviewed for analysis. Continue reading “If A Red-Light Camera Falls on a Car and No One Sees It, Who is at Fault?”