Are Red Light Runners Always Liable if They Crash in Georgia or South Carolina?

Running a red light is one of the most dangerous driving behaviors on the road. According to the Insurance Institute for Highway Safety (IIHS), red light running killed 1,119 people and injured more than 141,000 in 2024, and half of those killed were pedestrians, cyclists and people in other vehicles. If a driver runs a red light and crashes into you, you would expect the fault question to be obvious — but the legal reality in Georgia and South Carolina is more nuanced than most people realize.

This guide explains how fault works in red light accidents, when the victim may share liability, and what you need to prove to recover full compensation under each state’s laws.

Are Red Light Runners Always at Fault?

Not automatically. While running a red light is a clear traffic violation and strong evidence of negligence, it does not guarantee that the red light runner is 100% liable for every consequence of the crash. To recover compensation, you must prove three things:

1. The other driver was negligent — they violated a traffic law by running the red light
2. Their negligence caused the crash — the red light violation was the direct or proximate cause of the collision
3. You suffered damages — you sustained injuries, property damage, or other losses as a result

In most red light crashes, these elements are straightforward to establish. But complications arise when the other driver disputes that the light was red, when both drivers claim they had a green light, or when the victim’s own driving behavior contributed to the severity of the collision.

Traffic Signal Laws in Georgia and South Carolina

Both states have clear statutes governing traffic signals, and a violation creates strong evidence of negligence.

Georgia

Under O.C.G.A. § 40-6-21, drivers facing a steady red signal must stop at the marked stop line or, if none, before entering the crosswalk or intersection. Running a red light is a misdemeanor under O.C.G.A. § 40-6-20 that carries fines and points on your license. In a civil case, the traffic violation serves as evidence of negligence per se — meaning the mere fact that the driver violated the statute can establish the duty and breach elements of a negligence claim, shifting the focus to causation and damages.

South Carolina

Under S.C. Code § 56-5-970, drivers facing a steady red signal must stop before entering the crosswalk or intersection. As in Georgia, violating this statute constitutes evidence of negligence. South Carolina courts recognize the negligence per se doctrine, meaning a red light violation can establish that the driver breached their duty of care.

In both states, however, the traffic citation itself is not admissible in the injury lawsuit (Georgia: Howard v. Lay; South Carolina: S.C. Code § 56-5-6160). If the other driver pleads guilty to running the red light, the jury may weigh that plea as an admission, though it is not conclusive (Gaddis v. Skelton; Samuel v. Mouzon), and the responding officer can testify to what they saw.

How Fault Is Determined in a Red Light Crash

Even when one driver clearly ran a red light, the fault investigation considers the full picture. Factors that go into the determination include:

• Traffic signal timing — was the light red, yellow, or in transition? Signal timing records from the traffic engineering department can resolve “it was still yellow” disputes
• Police report — the responding officer’s narrative, diagram, and any citations issued at the scene
• Witness statements — accounts from other drivers, passengers, and pedestrians who saw the collision
• Video evidence — dashcam footage, surveillance cameras from nearby businesses, and red light camera images where they exist
• Physical evidence — skid marks, vehicle damage patterns, debris fields, and final resting positions of the vehicles
• Accident reconstruction — in disputed cases, experts can analyze speed, impact angles, and reaction times to determine what happened
• Both drivers’ behavior — the investigation also examines whether the victim was speeding, distracted, or otherwise contributed to the crash

When the Victim May Share Fault

This is the key reason a victim can share fault even when the other driver ran a red light. Even though running a red light is a serious violation, the victim’s own conduct can contribute to the crash. Common scenarios where the victim shares fault include:

• Speeding through the intersection — if you were traveling well above the speed limit when you entered the intersection on a green light, the insurer or jury may find that your excessive speed contributed to the severity of the crash or prevented you from avoiding it
• Distracted driving — if you were looking at your phone, adjusting the radio, or otherwise not paying attention, you may have missed the opportunity to brake or take evasive action
• Entering on a stale yellow — if you accelerated to “beat the yellow” and the other driver entered on a late red, both parties may share fault for entering the intersection unsafely
• Failure to keep a proper lookout — Georgia and South Carolina both require drivers to maintain a reasonable lookout for hazards, even when they have the right of way
• Impaired driving — if you were under the influence of alcohol or drugs, your reaction time and judgment are compromised, which can be used to assign shared fault
• Running a red light yourself — in rare cases, both drivers may have entered the intersection on red (for example, during a signal malfunction or at a delayed green)

How Comparative Fault Applies in Georgia and South Carolina

When the victim shares some responsibility for the crash, both states apply modified comparative fault rules that reduce the victim’s recovery by their percentage of fault:

Georgia (O.C.G.A. § 51-12-33)

You can recover damages as long as you are less than 50% at fault. Your award is reduced by your percentage of responsibility. If you are found 50% or more at fault, you recover nothing.

Example: A driver runs a red light and crashes into you, but you were going 15 mph over the speed limit. A jury finds total damages of $150,000 and assigns you 20% fault. Your award is reduced to $120,000.

South Carolina

Under Nelson v. Concrete Supply Co., you can recover damages as long as you are less than 51% at fault. Your award is reduced by your percentage of responsibility. If you are found 51% or more at fault, you recover nothing.

Example: Same scenario, but in South Carolina with 30% fault assigned to you. A $150,000 verdict is reduced to $105,000.

Insurance companies routinely use comparative fault arguments in red light cases to reduce what they pay. Even in a case where the other driver clearly ran the red light, the adjuster may argue you were speeding or not paying attention in order to assign you a share of fault and lower your settlement.

Red Light Cameras and Traffic Camera Evidence

Red light cameras can provide critical evidence in disputed-fault intersection crashes. However, their availability and legal status differ between Georgia and South Carolina.

Georgia

Georgia law permits the use of automated traffic enforcement cameras in certain jurisdictions with a GDOT permit (O.C.G.A. § 40-6-20(f); O.C.G.A. § 40-14-21). As of GDOT’s 2024 report, only Marietta, Savannah, Smyrna and Clayton County operate them, at twelve intersections statewide; Savannah’s are all along Abercorn Street and DeRenne Avenue. If the crash happened at one of those intersections, the recorded images (the rear of the vehicle and its plate as it crosses on red) can be requested to show that the other driver’s vehicle entered after the light turned red; by law the cameras do not capture the driver’s identity (§ 40-14-21(j)).

South Carolina

South Carolina does not currently authorize red light cameras for automated traffic enforcement: a ticket for disregarding a traffic signal must be issued in person during a traffic stop and cannot be based on photographic evidence (S.C. Code § 56-7-35, enacted in 2011). The South Carolina Department of Transportation’s traffic monitoring cameras stream live to 511SC but are not recorded, so no past footage exists to request. Instead, surveillance cameras from nearby businesses, dashcams, and doorbell cameras near the intersection are increasingly valuable sources of video evidence.

How to Prove the Other Driver Ran a Red Light

If the other driver denies running the red light — which happens frequently — you need evidence to support your version of events:

• Dashcam video — from your vehicle or other vehicles at the intersection
• Surveillance cameras — footage from businesses, ATMs, or residential cameras near the intersection
• Red light camera images — where a camera is in place (Georgia only)
• Witness testimony — other drivers or pedestrians who saw the light color when each vehicle entered the intersection
• Traffic signal timing data — records from the traffic engineering department showing the exact signal cycle at the time of the crash
• The police report — the officer’s narrative, witness statements, and any citation issued for running the red light
• Physical evidence — the point of impact, vehicle damage patterns, and debris location can help accident reconstruction experts determine which vehicle entered the intersection first
• Cell phone records — records showing the other driver was texting or on a call, which may explain why they failed to notice the red signal

Damages You Can Recover After a Red Light Accident

If you can prove the other driver ran a red light and caused your injuries, you may be entitled to both economic and non-economic damages:

Economic Damages

• Medical expenses — emergency care, surgery, hospitalization, physical therapy, and future treatment
• Lost wages — income missed during recovery
• Lost earning capacity — reduced future earning potential due to permanent injuries
• Property damage — vehicle repair or replacement

Non-Economic Damages

• Pain and suffering — physical pain from your injuries
• Emotional distress — anxiety, PTSD, depression
• Loss of enjoyment of life — inability to participate in activities you enjoyed before the accident
• Loss of consortium — impact on your relationship with your spouse

Punitive Damages

In cases involving particularly reckless behavior — such as a driver who ran a red light while intoxicated or while street racing — you may also recover punitive damages to punish the defendant. Georgia caps punitive damages at $250,000 in most cases (O.C.G.A. § 51-12-5.1(g)), with no cap where the defendant intended harm or drove while substantially impaired by alcohol or drugs (§ 51-12-5.1(f)). South Carolina caps them at the greater of 3x compensatory damages or $500,000, a floor indexed each year ($739,245 in 2026), with no cap for intended harm, a related felony plea or conviction, or substantial impairment by alcohol or drugs (S.C. Code § 15-32-530(C)).

Common Types of Intersection Accidents

Red light crashes produce some of the most severe collisions because they often involve side-impact or head-on forces. The types of accidents and injuries we see most often include:

• Car accidents — the most common type of red light crash, often resulting in T-bone collisions at high speed
• Truck accidents — when a commercial truck runs a red light, the mass and speed of the vehicle cause catastrophic damage to smaller vehicles
• Motorcycle accidents — motorcyclists are extremely vulnerable in intersection crashes and frequently suffer traumatic brain injuries and spinal cord injuries
• Pedestrian accidents — pedestrians crossing with a walk signal are at grave risk when a driver runs the red light
• Bicycle accidents — cyclists lawfully crossing an intersection are defenseless against a vehicle that runs a red signal
• Electric scooter accidents — scooter riders in crosswalks and bike lanes face the same dangers as pedestrians and cyclists
• Wrongful death — red light crashes frequently result in fatalities, particularly in T-bone collisions where the impact strikes the driver’s door

Side-impact crashes at intersections can also cause burn injuries from fuel leaks and fires, as well as construction zone accidents when temporary signals or flaggers are ignored.

How a Personal Injury Lawyer Can Help After a Red Light Crash

Insurance companies know that red light cases appear straightforward — and they use that assumption against you. They will argue shared fault, dispute the light color, or claim your injuries were pre-existing to reduce your settlement. An experienced attorney fights back by:

• Preserving critical evidence — sending spoliation letters to preserve red light camera images, dashcam video, and surveillance recordings before they are overwritten
• Obtaining signal timing records — requesting traffic signal data from the city or county to prove the light was red when the other driver entered the intersection
• Defeating comparative fault arguments — building evidence that you were driving lawfully and had no opportunity to avoid the crash
• Calculating full damages — working with medical and financial experts to document the complete cost of your injuries, including future treatment and lost earning capacity
• Negotiating from strength — using the police report, citations, and independent evidence to pressure the insurer into a fair settlement
• Taking the case to trial — when the insurance company refuses to offer fair compensation, presenting your case to a jury

Free Consultation — No Fee Unless We Win

At Roden Law, we handle car accident and personal injury cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If you were hit by a red light runner in Georgia or South Carolina, contact us today for a free case evaluation or call 1-844-RESULTS.

About the Author

Graeham C. Gillin

Partner, COO