Running Red Lights | Brett J. Nomberg
Drivers running red lights in New York City cause some of the most violent and preventable collisions on urban roads. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, represents victims of red-light accidents across all five boroughs and surrounding counties. When a driver blows through a red light, the resulting crash typically involves maximum force — one vehicle moving at full speed striking a vehicle or pedestrian crossing lawfully, with no time to brake. The injuries are catastrophic. The liability is clear. And the evidence window is short.
NYPD data shows that failure to yield at intersections — which includes running red lights and stop signs — is cited in thousands of crashes annually across New York City. Nationally, red-light running kills approximately 1,200 people per year and injures more than 130,000, according to the Insurance Institute for Highway Safety (IIHS). In New York City, red-light cameras now operate at over 150 intersections, and the city’s Vision Zero initiative has documented that intersection crashes account for a disproportionate share of severe and fatal injuries. At high-speed intersections like those on Queens Boulevard, Atlantic Avenue, and major Bronx thoroughfares, red-light crashes are among the deadliest occurring anywhere in the five boroughs.
Under New York law, a driver who runs a red light and causes an accident is negligent per se — their violation of the New York Vehicle and Traffic Law §1111 establishes fault as a matter of law. The injured victim can pursue compensation beyond no-fault through a personal injury lawsuit when injuries meet the serious injury threshold under Insurance Law §5102(d). If a government vehicle ran the red light, or if a defective traffic signal contributed to the crash, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. The standard statute of limitations for private claims is three years under CPLR §214.
Why Red-Light Crashes Produce the Worst Injuries
The physics of a red-light running crash are brutally simple: a vehicle moving at 30, 40, or 50 mph strikes the side of a vehicle or a pedestrian crossing the intersection with the legal right of way. There is no braking, no evasion, and no crumple zone protecting the occupant hit from the side. T-bone impacts — the most common configuration in red-light crashes — deliver full crash energy to the door panel, which offers far less protection than the front or rear of a vehicle. When a driver running a red light strikes a pedestrian in a crosswalk, there is typically no protection at all. These dynamics are why intersection crashes are responsible for a disproportionate share of traumatic brain injuries, spinal cord damage, pelvic fractures, and fatalities in New York City.
Red-light crashes also tend to generate strong liability cases because the evidence is unusually clear. Traffic camera footage, red-light camera records, skid marks (or the absence of them), and multiple witnesses frequently establish exactly what happened. Brett Nomberg and his team move immediately to preserve traffic camera footage, which is overwritten in as little as 24–72 hours, and to secure red-light camera records from the NYC Department of Transportation before they are purged from the system. Visit his verdicts and settlements page to see the results that fast, thorough evidence gathering produces.
Accident Injuries Caused by Running Red Lights
Because red-light crashes involve full-speed lateral impacts, the injuries they produce are frequently among the most severe seen in any motor vehicle collision. The following injury types are most common — and most likely to meet New York’s serious injury threshold under Insurance Law §5102(d), enabling a lawsuit beyond no-fault benefits:
- Traumatic brain injury (TBI) — Concussion, hemorrhage, diffuse axonal injury, and cognitive impairment from side-impact head trauma; see brain injury practice page
- Spinal cord injury — Herniated discs, nerve compression, and paralysis from lateral force transmitted through the torso and spine; see spinal cord injury page
- Bone fractures — Rib, pelvis, hip, arm, and leg fractures common in T-bone impacts; fractures automatically meet the serious injury threshold under §5102(d)
- Internal injuries — Organ damage, internal bleeding, and ruptured spleens from high-energy lateral force
- Neck and shoulder injuries — Torn rotator cuffs, cervical fractures, and soft tissue damage that can cause permanent limitation
- Facial trauma — Broken nose, orbital fractures, dental injuries, and significant scarring or disfigurement
- Pedestrian and cyclist injuries — When a red-light runner strikes a pedestrian or cyclist in a crosswalk or bike lane, injuries are typically catastrophic — including multiple fractures, TBI, spinal damage, and in the worst cases, wrongful death; see wrongful death page
- Psychological trauma — Post-traumatic stress disorder (PTSD), anxiety, and driving phobia following a severe intersection crash
Evidence in Red-Light Running Cases: The 24-Hour Window
Red-light accident cases are won on evidence — and the most critical evidence disappears rapidly. Brett Nomberg sends legal hold letters and preservation demands within hours of being retained to lock down every available source before it is overwritten or destroyed:
| Evidence Type | Preservation Window | Source |
|---|---|---|
| Traffic surveillance camera footage | 24–72 hours before overwrite | NYC DOT, private business cameras, MTA |
| Red-light camera records | Varies by location; demand immediately | NYC DOT / NYC Department of Finance |
| Dashcam video (driver or witness) | Loops continuously unless saved | At-fault driver’s vehicle, nearby vehicles |
| Event Data Recorder (black box) | Can be overwritten on vehicle repair | At-fault vehicle; retrieved by accident reconstruction expert |
| Cell phone records | Subpoenaed via litigation; seek promptly | Carrier records; prove distracted driving at moment of impact |
| NYPD accident report (MV-104A) | Filed at scene; request copy promptly | NYPD; includes officer’s observations and any VTL violations noted |
| Witness statements | Witnesses leave scene quickly | Gathered at scene; follow up immediately if missed |
| Skid mark and debris photographs | Cleared within hours by DOT | Crash scene photos taken at the time of the incident |
New York’s No-Fault System and When You Can Sue After a Red-Light Crash
New York’s no-fault insurance system under Insurance Law §5103 provides up to $50,000 in Personal Injury Protection (PIP) benefits — covering medical expenses and up to 80% of lost wages (capped at $2,000/month) — through your own insurer, regardless of who caused the crash. To access these benefits, you must submit Form NF-2 to your insurer within 30 days of the accident. To file a personal injury lawsuit against the driver who ran the red light, your injuries must meet the serious injury threshold under §5102(d) — which includes any fracture, permanent limitation, significant disfigurement, or a 90/180-day disability. Given the severity of most red-light crash injuries, this threshold is commonly met.
If the driver who ran the red light was uninsured or fled the scene, you may recover through your own uninsured motorist (UM) coverage or through New York’s MVAIC fund. If an Uber, Lyft, taxi, or commercial vehicle ran the red light, their commercial policies — which can reach $1 million or more — apply instead of a personal policy. If the traffic signal was defective or a road design flaw contributed to the crash, a Notice of Claim against the City of New York or NYSDOT must be filed within 90 days under GML §50-e.
What to Do After a Red-Light Running Crash in New York City
- Call 911 immediately. Get police to the scene. The NYPD accident report will document any VTL §1111 violation observed by the officer — a critical piece of fault evidence.
- Get emergency medical care the same day. TBI, internal injuries, and spinal damage may not present symptoms for hours. A same-day emergency room or urgent care visit creates a medical record directly linking your injuries to the crash.
- Photograph everything at the scene. The intersection, signal lights, skid marks, vehicle positions, vehicle damage, license plates, and your visible injuries. Take photos from multiple angles before anything is moved.
- Get witness names and contact information. People crossing the intersection or waiting at the light may have seen the crash. Get their contact information before they leave the scene.
- Do not apologize or admit fault. Even at a crash caused entirely by another driver running a red light, anything you say can be used to reduce your claim through New York’s comparative negligence rules under CPLR §1411.
- File your no-fault application within 30 days. Submit Form NF-2 to your own insurer within 30 days of the crash to access PIP benefits. Missing this deadline eliminates those benefits.
- Call Brett Nomberg before speaking to any insurance adjuster. Adjusters for the at-fault driver’s insurer will contact you quickly. Do not give a recorded statement before retaining counsel — these statements are used to minimize your claim.
New York Law on Red-Light Running: Negligence Per Se
Under New York Vehicle and Traffic Law §1111, it is unlawful to proceed through a steady red signal. A driver who violates §1111 and causes a crash is negligent per se — meaning the violation of the traffic law itself establishes their negligence as a matter of law. The injured victim does not need to separately prove that the driver breached a duty of care; the red-light violation is that breach. This legal standard significantly simplifies the liability portion of a red-light accident case and shifts the legal battle to injury severity, damages calculation, and insurance coverage — the areas where Brett Nomberg’s 30+ years of New York personal injury experience matters most.
New York’s comparative negligence rule under CPLR §1411 allows some recovery even if the injured party was partly at fault — for example, if they entered the intersection a fraction of a second after the light turned red. However, any comparative fault reduces the total damages award by the injured party’s percentage of responsibility. Brett Nomberg builds cases that minimize any comparative negligence argument by the at-fault driver’s insurer, using intersection camera footage and EDR data to establish the precise timeline of the crash.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Is running a red light automatic fault in a New York accident? | Yes — under the negligence per se doctrine, a violation of VTL §1111 (running a red light) establishes the driver’s negligence as a matter of law. You still need to prove your damages, but fault is legally established by the traffic violation itself. |
| How do I prove the other driver ran the red light? | Traffic cameras, red-light camera records, dashcam footage, witness statements, the absence of skid marks (proving no braking), and the NYPD accident report are the primary sources of proof. Brett Nomberg moves to preserve all of these within hours of being retained. |
| Can I still recover if I was slightly past the crosswalk line? | Yes. New York’s comparative negligence rule allows recovery even if you were partly at fault — your damages are reduced by your percentage of responsibility, not eliminated entirely. A driver who runs a full red light carries the overwhelming share of fault. |
| What if the driver who ran the red light was uninsured? | You may recover through your own uninsured motorist (UM) coverage or through MVAIC, New York’s fund for victims of uninsured and hit-and-run drivers. |
| Do pedestrians injured by red-light runners have the same legal rights? | Yes — and typically stronger ones. Pedestrians struck by a driver running a red light in a crosswalk face no comparative negligence argument if they were crossing with the signal. Injuries in these crashes commonly exceed the serious injury threshold. |
| How long do I have to file a lawsuit after a red-light crash in New York? | Three years from the crash date for private defendants under CPLR §214. If a government vehicle ran the red light or a defective signal contributed, a Notice of Claim must be filed within 90 days under GML §50-e. A no-fault NF-2 application must be filed within 30 days. |
| What compensation can I recover after a red-light accident? | Beyond no-fault PIP benefits, a successful lawsuit can recover: medical expenses (past and future), lost income and loss of earning capacity, pain and suffering, permanent disability, scarring, and loss of enjoyment of life. There is no statutory cap on these damages in a New York personal injury case. |
About Brett J. Nomberg
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years. He personally manages every case — clients always speak directly with Brett, never a paralegal or case manager. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes a $4.5 million verdict for a brain injury, $3.9 million in a case where evidence was concealed, $3.65 million for a construction accident, and $1.7 million in a case where a surveillance tape was hidden. He handles all intersection crash, pedestrian accident, brain injury, spinal cord injury, and wrongful death cases for crash victims across New York. Learn more at his attorney profile page. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins
Local Resources for Red-Light Accident Victims in New York City
If you or a loved one has been involved in a red-light running accident, these New York City resources can provide critical support, information, and assistance. Whether you need to obtain official records, report hazardous intersections, or find victim advocacy services, the following organizations and agencies may be helpful:
| Resource | Description | Link |
|---|---|---|
| NYC Department of Transportation (DOT) | Information on red-light cameras, intersection safety, and Vision Zero initiatives. File complaints about dangerous intersections. | nyc.gov/html/dot |
| NYPD Collision Reports | Request official police accident reports (MV-104A) for crashes investigated by NYPD. | Request NYPD Accident Report |
| NYC 311 | Report traffic signal issues, dangerous intersections, or request traffic safety improvements. | NYC 311 Portal |
| New York State DMV Crash Records | Access statewide crash data, request certified accident reports, and learn about driver violation points. | NY DMV Crash Reports |
| Vision Zero NYC | Citywide initiative to eliminate traffic deaths; find safety data, maps, and how to get involved in advocacy. | Vision Zero NYC |
| New York State Insurance Fund (NYSIF) | Information on no-fault (PIP) insurance and how to file a claim after a motor vehicle accident. | nysif.com |
| NYC Health + Hospitals | Find emergency rooms and trauma centers in all five boroughs for immediate medical attention after a crash. | NYC Health + Hospitals Locations |
| Safe Streets NYC (Transportation Alternatives) | Nonprofit advocacy group supporting traffic safety, victims’ rights, and policy reform after collisions. | Transportation Alternatives |
| MVAIC (Motor Vehicle Accident Indemnification Corporation) | Apply for compensation if injured by an uninsured or hit-and-run driver in New York State. | mvaic.com |
| Crime Victims Compensation (NYS Office of Victim Services) | Financial assistance for victims of crime, including vehicular crimes involving reckless driving. | NYS Office of Victim Services |
Hit by a Driver Who Ran a Red Light in New York? Call Brett Nomberg Now.
Evidence from red-light crashes disappears in hours. Traffic cameras overwrite footage. Witnesses leave. The at-fault driver’s insurer has already started building their defense. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us through our online contact page. There is no fee unless we win.
