Cited for Running a Red Light but Not at Fault

Attorney Answer

A traffic ticket is not a finding of civil fault, and it does not decide who pays for your car or your injuries. It does give the other driver's insurer something to point at, so expect an argument and prepare for it.

In Texas, civil fault is decided under Chapter 33 of the Civil Practice and Remedies Code. Under § 33.003, the trier of fact — the jury or the judge — assigns each party a whole-number percentage of responsibility based on the evidence in the civil case. An officer's decision to write a citation at the scene is not that determination. An adjuster who treats the ticket as the end of the discussion is stating a bargaining position, not the law.

What the law actually required of both of you is in Tex. Transp. Code § 545.151(a). A driver approaching an intersection must stop, yield, and grant immediate use of the intersection in obedience to an official traffic-control device, and after stopping may proceed when the intersection can be safely entered without interference or collision. So the real question is factual: what your signal showed when you entered, and what the other driver's signal showed. Signal-timing records, intersection or business video, independent witnesses, and the physical damage on both vehicles answer that question. The citation does not.

Two more rules shape the result. Tex. Civ. Prac. & Rem. Code § 33.001 provides that "In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent." If you are found partly but not mostly responsible, § 33.012(a) reduces your damages by your own percentage. And under § 33.013(a), each defendant ordinarily pays only its own share.

What you can do

1. Request the officer's crash report from the agency that investigated, and read how the officer described the signals and the point of impact.

2. Photograph both vehicles before any repair, including the exact location and direction of the damage, and keep the photos.

3. Ask the city traffic department and nearby businesses, in writing and soon, for intersection camera footage and signal-timing records. This video is often overwritten within days.

4. Collect the names and phone numbers of any witnesses, and save any dashcam files somewhere you will not lose them.

5. Report the crash to your own insurer and give them the other carrier's claim number.

6. Ask a Texas lawyer how the citation should be handled before you decide whether to pay it or contest it, and ask before you give the other driver's insurer a recorded statement. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from the day the cause of action accrues for personal injury and for injury to property. When that period started for you, and whether anything about your situation affects it, depends on facts a general page cannot see. Have a Texas attorney review your dates now rather than later.