California Intersection Collision Demand Letter - Right-of-Way Accidents

📋 Intersection Collision Overview

Intersection collisions are among the most dangerous and common types of car accidents in California. These crashes occur when drivers violate right-of-way rules, run red lights, ignore stop signs, or fail to yield when required. California Vehicle Code provides clear rules that determine fault in intersection accidents, often making these strong cases for compensation.

Common Intersection Collision Scenarios

California intersection accidents typically fall into these categories:

🔴 Running Red Lights

Driver enters intersection after light turns red, causing T-bone or broadside collision

🛑 Running Stop Signs

Driver fails to stop at stop sign and collides with vehicle that has right-of-way

↶ Left Turn Failures

Driver making left turn fails to yield to oncoming traffic with right-of-way

🚧 Failure to Clear Intersection

Driver enters intersection without sufficient space to clear before light changes

Why Intersection Cases Often Have Clear Liability

✅ Traffic Signal Evidence

Red light cameras and traffic camera footage often capture the violation

📚 Clear Vehicle Code Violations

CVC sections define exactly who has right-of-way in every situation

👁 Witness Availability

Intersections are busy areas where witnesses often observe the collision

🚗 Vehicle Damage Patterns

Point of impact on vehicles often proves who entered the intersection improperly

Common Injuries in Intersection Collisions

💥 T-Bone / Side Impact Injuries

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T-bone collisions are especially dangerous because the side of a vehicle offers less protection than the front or rear. Common injuries include broken ribs, pelvic fractures, internal organ damage, traumatic brain injury from side window impact, and spinal injuries. Occupants on the struck side face the highest risk of serious injury or death.

🧬 Front-End Collision Injuries

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Head-on and front-end collisions at intersections can cause severe injuries including facial trauma, chest injuries from steering wheel or airbag impact, knee and leg injuries from dashboard impact, and neck injuries. These high-impact crashes often result in long-term disability and extensive medical treatment.

🚶 Pedestrian Intersection Injuries

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Pedestrians struck at intersections suffer catastrophic injuries including traumatic brain injury, spinal cord injury, multiple fractures, and internal bleeding. Even at low speeds, the mass differential between a vehicle and pedestrian causes devastating trauma. Pedestrians in crosswalks generally have clear right-of-way under CVC 21950.

🧠 Traumatic Brain Injury (TBI)

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The violent forces in intersection collisions frequently cause traumatic brain injury, even when the head does not strike an object. The rapid acceleration and deceleration can cause the brain to move within the skull. Symptoms include headaches, cognitive difficulties, personality changes, and memory problems that may be permanent.

⚠ T-Bone Collisions Are Especially Dangerous

Side-impact collisions at intersections cause a disproportionate number of serious injuries and fatalities. The side of a vehicle provides minimal crumple zone protection. If you were T-boned at an intersection, seek immediate medical attention even if you feel fine - internal injuries may not be immediately apparent.

⚖ Legal Basis

California Vehicle Code clearly defines right-of-way rules at intersections. Violation of these statutes establishes negligence per se, meaning the violator is automatically considered negligent.

Key California Vehicle Code Sections

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California Vehicle Code 21800 - Right-of-Way at Intersections

The driver approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway. When two vehicles enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield to the vehicle on the right.

🛑

California Vehicle Code 21802 - Stop Sign Requirements

The driver of any vehicle approaching a stop sign at the entrance to an intersection shall stop and yield the right-of-way to any vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard.

🔴

California Vehicle Code 21453 - Red Light Violations

A driver facing a steady circular red signal shall stop at a marked limit line, or if none, before entering the crosswalk or the intersection. No driver shall enter the intersection or crosswalk until the green signal is shown.

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California Vehicle Code 21801 - Left Turns Yield to Oncoming Traffic

The driver of a vehicle intending to turn left shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement.

🚧

California Vehicle Code 21804 - Entry from Private Road or Driveway

The driver of any vehicle about to enter or cross a highway from any public or private property adjacent thereto shall yield the right-of-way to all traffic approaching on the highway close enough to constitute an immediate hazard.

Determining Fault at Intersections

Fault in intersection collisions is typically determined by these factors:

Who Entered First - The vehicle that lawfully entered the intersection first generally has right-of-way
Traffic Signal Status - Which driver had green versus red at the moment of entry
Stop Sign Compliance - Whether the required driver came to a complete stop and yielded
Left Turn Rules - Whether a left-turning driver properly yielded to oncoming traffic

Special Intersection Issues

🔸 Yellow Light Timing Disputes

The "point of no return" defense: if a driver enters on yellow and cannot safely stop, they are not at fault. Expert testimony on yellow light timing may be needed.

✖ Uncontrolled Intersections

At intersections with no signals or signs, the vehicle on the right has right-of-way. Both drivers must exercise reasonable care.

💡 The "Point of No Return" Defense

A driver who enters an intersection on a yellow light is not automatically at fault if they could not safely stop. California law recognizes that sudden stops can be dangerous. However, a driver who enters on red or accelerates to "beat the yellow" is liable. Red light camera timing data can help establish whether entry was lawful.

Comparative Fault in California

California follows pure comparative negligence. Even if you were partially at fault (for example, if you were speeding when hit by a red-light runner), you can still recover damages reduced by your percentage of fault. A driver running a red light who hits a speeding driver may still bear majority fault.

✅ Evidence Checklist

Gather these documents before sending your demand letter. Click to check off items as you collect them.

🚗 Accident Documentation

✓ Police report (Traffic Collision Report)
✓ Photos of vehicle damage (all angles, showing point of impact)
✓ Photos of the intersection (signals, signs, lane markings)
✓ Witness names and contact information
✓ At-fault driver's insurance information

🎥 Video and Camera Evidence

✓ Red light camera footage (request from city traffic dept.)
✓ Intersection traffic camera footage
✓ Nearby business security camera footage
✓ Dashcam footage (yours or witnesses')
✓ Cell phone videos from witnesses

💉 Medical Records

✓ Emergency room records
✓ Primary care physician notes
✓ Specialist records (orthopedic, neurologist, etc.)
✓ Physical therapy records
✓ Imaging results (X-rays, MRI, CT scans)

💰 Financial Documentation

✓ All medical bills (itemized)
✓ Proof of lost wages (pay stubs, employer letter)
✓ Vehicle repair estimates and invoices
✓ Rental car receipts
✓ Out-of-pocket expenses (medications, medical equipment)

🔒 Act Fast on Video Evidence

Traffic camera and business surveillance footage is typically overwritten within 30-72 hours. Send preservation requests immediately to the city traffic department and nearby businesses. A formal spoliation letter may be needed to preserve evidence before it is destroyed.

💡 Requesting Red Light Camera Footage

Contact your city's traffic engineering or public works department to request intersection camera footage. You may need to file a California Public Records Act request. Include the exact date, time, and intersection location. There may be a processing fee for footage retrieval.

💰 Calculate Your Damages

California allows full recovery for all damages caused by the negligent driver. Intersection collisions often result in severe injuries and substantial compensation.

Category	Description
Medical Expenses	All past and future medical treatment related to your injuries
Lost Wages	Income lost due to injury, including sick days and vacation time used
Loss of Earning Capacity	Reduced ability to earn income in the future due to permanent injury
Property Damage	Vehicle repair or fair market value if totaled, plus personal property
Pain and Suffering	Physical pain, discomfort, and inconvenience caused by injuries
Emotional Distress	Anxiety, depression, PTSD, fear of driving, and mental anguish
Loss of Enjoyment	Inability to enjoy hobbies, activities, and quality of life

How Pain and Suffering is Calculated

California uses two common methods to calculate non-economic damages:

Multiplier Method

Economic damages (medical bills + lost wages) multiplied by 1.5 to 5, depending on injury severity

Per Diem Method

A daily rate for each day you experienced pain, from accident date to maximum recovery

📊 Sample Damages Calculation

Example: T-Bone Collision with Rib Fractures and Spinal Injury

Emergency room and trauma care $18,500

Hospital stay (3 days) $24,000

Orthopedic surgery $45,000

Physical therapy (48 sessions) $9,600

Pain management (injections) $6,200

Medications and medical supplies $1,800

Lost wages (12 weeks) $18,000

Vehicle total loss $22,000

Rental car (10 weeks) $3,500

Subtotal Economic Damages $148,600

Pain and suffering (3x multiplier) $445,800

TOTAL DEMAND AMOUNT $594,400

💡 T-Bone Injuries Warrant Higher Multipliers

Side-impact injuries are often more severe and warrant multipliers of 3-5x economic damages. Document all impacts on your daily life, sleep quality, ability to work, and emotional wellbeing. Severe cases involving surgery, chronic pain, or permanent disability can justify even higher valuations.

📝 Sample Language

Copy and customize these paragraphs for your intersection collision demand letter.

Opening Paragraph

This letter constitutes a formal demand for compensation arising from the intersection collision that occurred on [DATE OF ACCIDENT] at the intersection of [STREET 1] and [STREET 2] in [CITY], California, when your insured, [AT-FAULT DRIVER NAME], violated California Vehicle Code Section [21453/21802/21801] by [running a red light / running a stop sign / failing to yield while making a left turn], directly causing the collision and my resulting injuries.

Liability Paragraph - Red Light Violation

Liability in this matter is clear and uncontested. Your insured violated California Vehicle Code Section 21453, which requires drivers to stop at a red signal light. At the time of the collision, I was lawfully proceeding through the intersection of [INTERSECTION] on a green light when your insured ran the red light and struck my vehicle. This violation constitutes negligence per se under California law. The Traffic Collision Report (Report No. [REPORT NUMBER]) confirms that your insured entered the intersection against a red signal. [Additionally, red light camera footage / witness testimony] corroborates that your insured had a red light at the time of entry into the intersection.

Liability Paragraph - Stop Sign Violation

Liability is established by your insured's violation of California Vehicle Code Section 21802, which requires drivers approaching a stop sign to stop and yield to vehicles that have entered the intersection or are approaching closely enough to constitute an immediate hazard. Your insured failed to stop at the stop sign at [INTERSECTION] and proceeded directly into my path as I was lawfully traveling through the intersection on the through street. The police report and witness statements confirm that your insured entered the intersection without stopping and without yielding right-of-way.

Liability Paragraph - Left Turn Failure to Yield

Your insured's liability arises from a clear violation of California Vehicle Code Section 21801, which requires drivers making a left turn to yield the right-of-way to all vehicles approaching from the opposite direction that are close enough to constitute a hazard. While I was proceeding through the intersection of [INTERSECTION] with a green light in my favor, your insured made a left turn directly into my path without yielding, causing a violent collision. The point of impact on my vehicle's [front/right front] and your insured's [left side/front] confirms that your insured turned into my lawful path of travel.

Injury Description - T-Bone Collision

As a direct result of the violent T-bone collision caused by your insured, I sustained the following injuries: [fractured ribs, pelvic injury, spinal disc herniation, traumatic brain injury, internal contusions, etc.]. I was transported by ambulance to [HOSPITAL NAME] where I was admitted for [NUMBER] days. I have undergone [surgery/extensive treatment] and continue to require ongoing medical care including [physical therapy, pain management, neurological monitoring, etc.]. My treating physicians have indicated that I [may have permanent limitations / will require future surgery / face long-term complications].

Demand and Deadline

Based on the foregoing, I hereby demand the total sum of $[TOTAL AMOUNT] to fully and finally settle all claims arising from this intersection collision. This demand remains open for [30 DAYS] from the date of this letter. If I do not receive a satisfactory response by [DEADLINE DATE], I will have no choice but to pursue my legal remedies, including filing a civil lawsuit in the appropriate California court. Given the clear liability established by your insured's Vehicle Code violation, I am confident a jury would return a verdict in my favor.

🚀 Next Steps

What to do after sending your demand letter.

Insurance Claim Timeline

Days 1-15

Insurance adjuster reviews demand and supporting documentation

Days 15-30

Initial response - acceptance, counter-offer, or request for more information

Days 30-60

Negotiation period - typically 2-3 rounds of offers and counters

Days 60-90

Settlement or decision to file lawsuit before statute of limitations

Negotiation Strategy for Intersection Cases

Emphasize the Vehicle Code Violation
Intersection cases with clear traffic violations are strong cases. Remind the adjuster that their insured violated a specific statute, establishing negligence per se.
Lead with Video Evidence
If you have red light camera footage, traffic camera video, or dashcam footage, this evidence is often case-determinative. Present it prominently.
Document the T-Bone Impact
Side-impact collisions cause severe injuries. Emphasize the violence of the impact and the limited protection available on the side of a vehicle.
Know Your Policy Limits
Request the at-fault driver's policy limits. If your damages exceed their coverage, you may need to pursue your own underinsured motorist coverage.

If Settlement Fails

📅 Statute of Limitations Warning

California has a 2-year statute of limitations for personal injury claims (CCP 335.1). You must file your lawsuit within 2 years of the accident date or you lose your right to sue forever. Do not let negotiations drag out past this deadline.

Small Claims Court

For claims up to $12,500 ($6,250 for businesses). No lawyer required. Filing fee: $30-$75.

Limited Civil Court

For claims $12,500 - $35,000. Simplified procedures. Attorney recommended.

Unlimited Civil Court

For claims over $35,000. Full discovery and trial. Attorney highly recommended for serious intersection injuries.

Need Legal Help?

Intersection collision cases with clear traffic violations are strong claims, but insurance companies still fight them. Get a 30-minute strategy call to evaluate your case.

Book Consultation - $125

California Resources

California DMV: dmv.ca.gov - File SR-1 report if required
CA Dept. of Insurance: insurance.ca.gov - File complaints about insurer conduct
CA Courts Self-Help: selfhelp.courts.ca.gov - Small claims forms and guides
State Bar Lawyer Referral: calbar.ca.gov - Find a personal injury attorney
Local Traffic Engineering: Contact your city's traffic department for camera footage requests