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How Traffic Light Malfunctions Can Affect Accident Liability

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Attorney Robert M Knowles
Last Updated: August 4, 2026
Legally Reviewed By: Robert M. Knowles

Attorney & Partner At Knowles Law Firm

When a traffic light malfunctions and a crash follows, liability rarely rests on a simple green light versus red light analysis. Nebraska law requires every driver approaching a dark, flashing, or conflicting signal to treat the intersection as a multi-way stop, and fault typically falls on whichever driver failed to follow that rule, drove too fast for the conditions, or ignored clear signs that the signal was not working. In some cases, liability can extend beyond the drivers involved to the government entity, contractor, or equipment manufacturer responsible for maintaining or installing the signal. Determining who is responsible requires a careful look at the type of malfunction, when it began, and how each driver responded.

At Knowles Law Firm, we have spent more than 55 years representing accident victims throughout Nebraska, including clients whose collisions happened at intersections with signals that were dark, stuck, or sending conflicting messages. These cases often move slower and involve more parties than a standard rear-end or lane-change crash, particularly when a city or county government shares responsibility for the signal. Our attorneys regularly handle complex car accident claims that require this kind of layered investigation, and we work to identify every party whose negligence may have contributed to the crash before a claim deadline passes.

How Do Traffic Light Malfunctions Affect Accident Liability Determinations?

Traffic light malfunctions create liability challenges that do not exist when signals are working correctly. In a normal intersection accident, fault is often straightforward once investigators identify which driver had the green light. When a signal malfunctions, that clear marker disappears, and ambiguity about right-of-way rules can significantly affect how courts and insurance companies assign fault between the drivers involved.

Nebraska law addresses this ambiguity directly. Under Nebraska Revised Statute § 60-6,123, an intersection where the traffic control signal is not operating, and no officer or other control device is directing traffic, must be treated as a multi-way stop. Every approaching vehicle must come to a complete stop and yield to any vehicle already in the intersection, and the first vehicle to arrive generally has the right of way, followed by the vehicle to the right when two cars arrive at the same time. A driver who ignores this rule, even while claiming confusion about the malfunction, can still be held liable for a resulting collision.

What Causes Traffic Signals to Malfunction?

Traffic signal failures happen for a range of reasons, and the cause often shapes who may ultimately be liable for a resulting crash. Complete power outages leave an intersection with no signal guidance at all, while partial malfunctions may produce flashing red or flashing yellow lights that call for different driver responses. Some of the most dangerous malfunctions involve conflicting signals, such as green lights showing in two directions at once, which can create a false sense of safety for drivers approaching from opposite or crossing directions.

Weather is a common trigger, particularly during storms with high winds, lightning, or ice accumulation that damages wiring or knocks out power to the signal box. Aging equipment, faulty timing programs, and construction or utility work near an intersection can also cause a signal to fail or send the wrong message to drivers. Mechanical failures and inadequate maintenance schedules increase the risk that a malfunction goes unnoticed and unrepaired for hours or days, which can make the intersection more hazardous with each passing rush hour. Reviewing Nebraska car accident statistics can help put the added risk that intersections carry into perspective.

Many modern traffic signals also rely on inductive loop sensors embedded in the pavement or overhead camera detection to determine when to change, and either technology can malfunction independently of the visible light itself. Nearby construction, utility work, or even a change in pavement can throw off a sensor’s calibration, causing a signal to stay red too long, skip a direction entirely, or fail to detect waiting traffic. When a sensor malfunction rather than a power failure contributes to a crash, identifying the cause often requires input from the agency or contractor responsible for that specific piece of equipment.

Who May Be Held Liable When a Traffic Signal Malfunctions?

A traffic light malfunction accident often involves more than the two drivers who collided. Depending on why the signal failed and how each driver behaved, liability can extend to the government entity responsible for the intersection, the contractor who serviced the equipment, or the company that manufactured a defective component. In many of these cases, more than one party bears some share of the fault, and identifying every contributing cause early in the investigation can make a meaningful difference in how much compensation is ultimately available.

Government Entity Responsibility

Municipal governments and state transportation departments are generally responsible for maintaining traffic signal systems in proper working order. When a city or county receives notice of a malfunctioning signal and fails to repair it within a reasonable time, or when poor maintenance practices contribute to the failure, that government entity may face a liability claim from anyone injured in a resulting accident. This overlaps with other situations where a government body’s maintenance failures play a role in a crash, such as cases involving poor road conditions that a municipality knew about but did not repair. Documentation showing when the malfunction was first reported, and how long it took the responsible agency to respond, often becomes central evidence in these claims.

Liability for Contractors and Equipment Manufacturers

A private contractor hired to install, repair, or maintain a traffic signal can also be held liable if negligent work caused or contributed to the malfunction. This might include a contractor who installed defective wiring, skipped a required inspection step, or failed to flag a known problem during routine maintenance. In rarer cases, if a signal component failed because of a design flaw or manufacturing defect rather than a maintenance lapse, the company that designed or built that component may bear responsibility under a product liability theory. Identifying whether a contractor or manufacturer was involved often requires reviewing maintenance contracts, work orders, and equipment records that are not always readily available to an accident victim without legal assistance.

Filing a Claim Against a Nebraska City or County for a Traffic Signal Failure

Pursuing a claim against a government entity works differently than filing against another driver’s insurance company, and the deadlines are shorter and stricter. Under the Nebraska Political Subdivisions Tort Claims Act, a written notice of claim generally must be filed with the city, county, or other political subdivision within one year of the accident, and a lawsuit must typically begin within two years. Missing this notice window can permanently bar recovery, regardless of how strong the underlying liability case may be.

The notice must be filed with the specific official or department responsible for maintaining that political subdivision’s records, and it must include the date, time, and location of the accident along with the facts supporting the claim. Some cities and counties also require claims to be submitted using a specific form or through a particular office, and failing to follow these formalities exactly, even when the substance of the claim is filed on time, can create unnecessary obstacles to recovery. Because these procedural requirements are easy to miss and unforgiving when missed, drivers who believe a government entity’s signal maintenance failure contributed to their accident should speak with an attorney as soon as possible after the crash to protect their right to pursue compensation.

What Evidence Proves Fault in a Traffic Light Malfunction Case?

Establishing fault after a traffic light malfunction requires more evidence than a typical intersection accident, because the malfunction itself must be documented alongside each driver’s actions. Investigators and attorneys generally need to show that another party violated Nebraska’s traffic laws or acted negligently despite the malfunction, whether that means failing to treat the signal as a multi-way stop, driving too fast through the intersection, or ignoring visible signs that something was wrong with the signal. In disputed cases, an accident reconstruction expert may also be retained to analyze vehicle damage, skid marks, and the sequence of events, helping to clarify what each driver could reasonably see and do in the moments before the crash.

Key evidence in these cases often includes:

  • Police reports: Official documentation of the signal malfunction and the responding officer’s observations at the scene.
  • Witness statements: Accounts from other drivers, passengers, or pedestrians describing what the signal was doing when the crash occurred.
  • Traffic camera footage: Video showing the signal’s behavior and each driver’s approach, when available from the intersection or a nearby business.
  • Maintenance and weather records: Documentation showing whether the responsible government entity or contractor knew about the malfunction beforehand.

Photographs of the malfunctioning signal, along with the timing of when the malfunction began relative to the accident, can also help determine whether drivers had reasonable notice of the problem and should have adjusted their driving accordingly. Because recorded evidence carries significant weight in these disputes, understanding how security camera footage is treated in Nebraska accident cases can help clarify what kind of video evidence strengthens a claim like this.

Challenges With Insurance Companies

Insurance companies often try to assign equal fault to all drivers involved in a traffic light malfunction accident, arguing that the confusing circumstances make it impossible to determine who was actually at fault. In many cases, however, careful analysis of driver actions, the timing of the malfunction, and each driver’s adherence to Nebraska’s multi-way stop requirement can demonstrate that one party bears greater responsibility than an insurer initially claims.

What Should You Do After an Accident at a Malfunctioning Traffic Light?

The steps you take immediately after a crash at a malfunctioning intersection can affect both your health and your ability to recover compensation later. Photographing the signal, the intersection, and any visible vehicle damage before conditions change can preserve evidence that might otherwise disappear once the signal is repaired. Reporting the malfunction to the police at the scene, and separately to the city or county’s public works department, helps create an official record connecting the malfunction to your accident. Avoid speculating about who caused the crash or admitting fault to the other driver or responding officers, since the confusing nature of a signal malfunction makes it easy for an early, incomplete statement to be used against you later.

Seeking prompt medical attention matters even if your injuries seem minor at first, since some injuries from an intersection collision do not produce symptoms right away. Our first 48 hours after your accident guide covers additional steps worth taking in the earliest stages of a claim. Because claims involving a government entity carry a shorter notice deadline than claims against another driver, contacting an attorney promptly gives you the strongest chance of preserving every avenue of recovery available in your case.

What Compensation May Be Available After a Traffic Light Malfunction Accident?

Accident victims in a traffic light malfunction case may be able to pursue compensation for medical expenses, lost income, property damage, and pain and suffering, depending on the severity of the injuries and the strength of the evidence connecting the malfunction to the crash. When more than one party shares fault, such as a negligent driver and a government entity that failed to maintain the signal, the total damages recoverable can potentially be divided among the responsible parties based on each party’s share of fault.

Claims against a government entity carry an added consideration that claims against a private driver do not. Under Nebraska Revised Statute § 13-926, recovery under the Political Subdivisions Tort Claims Act is generally capped at $1 million per person and $5 million per occurrence, regardless of how severe the injuries are. This cap does not apply to claims against a negligent driver or a private contractor, which is one more reason a thorough investigation into every potentially liable party matters in these cases.

Consult a Nebraska Car Accident Lawyer About Your Traffic Signal Case

Traffic light malfunction accidents call for a thorough investigation and legal representation that understands how liability can spread across multiple parties, including other drivers and the government entities responsible for signal maintenance. With more than 55 years of combined experience handling car accident cases throughout Nebraska, our attorneys have helped clients pursue substantial settlements in cases involving disputed and complex liability, and we know how to build the kind of case that holds every responsible party accountable. We also stay closely involved with each case rather than handing it off to a large support staff, which matters most when a claim involves multiple potentially liable parties and overlapping deadlines. Our family of attorneys offers direct access to experienced legal counsel rather than routing your case through a rotating team of unfamiliar staff. To better understand what a car accident lawyer does for a claim like yours, review how our process works before your consultation.

If a malfunctioning traffic light contributed to your accident, the parties who may be responsible, and the deadlines that apply to your claim, can be difficult to sort out on your own, particularly when a city or county government is involved. We can review the details of your accident, help identify every party whose negligence may have contributed to it, and explain how Nebraska’s liability and notice rules may affect your options moving forward. Contact our office to discuss your traffic light malfunction accident and learn more about the compensation you may be entitled to pursue.

Frequently Asked Questions About Traffic Light Malfunction Accidents in Nebraska

Who is liable for an accident caused by a malfunctioning traffic light in Nebraska?

Liability depends on why the light malfunctioned and how each driver responded. A driver who fails to treat the dark or flashing signal as a multi-way stop and causes a crash can be held liable for the accident. If poor maintenance, a defective part, or negligent repair work caused the malfunction, the responsible government entity, contractor, or equipment manufacturer may also share liability. Because these cases often involve more than one potentially responsible party, a careful investigation of the malfunction and the events leading up to the crash is usually necessary to determine fault.

Does Nebraska law require drivers to treat a malfunctioning traffic light as a stop sign?

Yes. Nebraska law treats an intersection with a traffic signal that is not operating, and no officer or working control device directing traffic, as a multi-way stop. Every approaching vehicle must come to a complete stop before proceeding, and the first vehicle to arrive at the intersection generally has the right of way. When multiple vehicles arrive at roughly the same time, the vehicle to the right typically goes first. Failing to follow this rule can result in liability for a driver even if that driver did not cause the original malfunction.

How long do I have to file a claim if a city or county’s traffic signal malfunction caused my accident?

Claims against a government entity in Nebraska generally follow shorter and stricter deadlines than claims against another driver. A written notice of claim typically must be filed with the responsible city, county, or other political subdivision within one year of the accident, and a lawsuit usually must begin within two years. Missing the notice deadline can permanently prevent you from recovering compensation, even if the government entity’s negligence clearly contributed to the crash, so it is important to act quickly and speak with an attorney soon after the accident.

Can I still recover compensation if I was partly at fault for the accident?

In many cases, yes. Nebraska follows a modified comparative negligence rule, meaning your compensation is reduced in proportion to your share of fault rather than eliminated outright. However, if your share of the fault is equal to or greater than the combined fault of the other parties, Nebraska law bars you from recovering damages entirely. Because a confusing signal malfunction can make it harder to determine who was more at fault, a detailed review of the evidence is often necessary to protect your claim.

What evidence is most helpful in a traffic light malfunction accident case?

Strong evidence typically includes police reports documenting the malfunction, statements from witnesses who saw the signal behaving abnormally, and traffic or security camera footage showing the intersection at the time of the crash. Maintenance records and prior complaints about the same signal can also show whether the responsible government entity or contractor knew about the problem beforehand. Photographs of the malfunctioning signal, taken as soon as it is safe to do so, help preserve evidence that may no longer exist once the signal is repaired.

How much does it cost to hire a car accident attorney for a traffic light malfunction case?

Many car accident attorneys, including our firm, handle these cases on a contingency fee basis, which generally means you do not pay attorney’s fees unless your case results in a settlement or award. This arrangement allows accident victims to pursue a claim against multiple parties, including government entities, without paying upfront legal costs. Because fee structures and case details can vary, it is best to discuss the specifics of your situation directly with an attorney during a consultation.

Attorney Robert M Knowles
About Our Attorney

Robert M. Knowles

Attorney & Partner at Knowles Law Firm

Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.

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