An intersection signal may be operating normally, flashing red, flashing yellow, completely dark, displaying conflicting indications, or being overridden while an authorized person directs traffic. A person documenting a collision should identify the observed condition and each approach rather than labeling every irregular signal a “malfunction.”

A flashing red display and a completely dark signal lead to all-way-stop treatment under the cited North Carolina rule, but they remain different observed conditions that should be documented separately.

Apply the rule to the condition actually observed

North Carolina General Statute 20-158 distinguishes several signal conditions. At an intersection, a driver facing a flashing red light must stop and yield under the rules applicable to a stop sign. A driver facing flashing yellow may proceed with caution while yielding as the statute states. When an intersection signal is not illuminated because of a power outage or other malfunction, vehicles must approach and proceed as though stop signs control all approaches, unless an authorized person or another traffic-control device is directing movement.

  • Flashing red, flashing yellow, dark, steady red, steady yellow, steady green, arrow, conflicting display, or unknown recorded for each approach
  • Driver’s approach direction, travel lane, intended movement, stop line, crosswalk, intersection boundary, and claimed stop point
  • Other vehicles and pedestrians in or approaching the intersection, their direction, movement, distance, and observation source
  • Law-enforcement officer, flagger, temporary sign, generator, portable signal, or other control documented separately

Understand the NCDOT red-red transition

In a May 10, 2024 release, NCDOT announced that it had begun modifying its signals so they would revert to flashing red in every direction when specified problems disrupt normal operation. The agency said the change would be phased in during preventive maintenance. The release contrasts that approach with the earlier red-yellow flash pattern.

The announcement should not be used to assume what a particular signal displayed on a particular date. Determine the owner or maintaining agency, cabinet configuration, controller and conflict-monitor records, modification date, work history, and event logs for the identified intersection.

Preserve the display before it changes

  • Video or photographs showing every visible signal head, sequence, flash color, dark indication, traffic movement, and time reference
  • Original file metadata, camera location, direction, field of view, recording continuity, clock accuracy, and any missing interval
  • 911 call, dispatch record, utility outage, weather event, construction activity, maintenance call, citizen report, and agency response time
  • Witness statement describing the exact display seen, approach, distance, time, obstructions, and opportunity to observe
  • Later-normal operation labeled as a later condition rather than evidence that no earlier problem existed

Request the correct signal records

  • Intersection owner, maintaining agency, cabinet and controller identifiers, plan sheets, phase diagram, and signal-head layout
  • Malfunction-management unit configuration, conflict-monitor event, controller log, cabinet alarm, communications record, and power record when retained
  • Preventive-maintenance inspection, red-red conversion date, repair order, technician notes, replacement component, and test result
  • Complaint, outage report, dispatch, arrival, traffic-control action, restoration, and closure timestamps
  • Retention policy and date of request recorded because electronic and video records may not be kept indefinitely

Separate the signal condition from collision causation

The signal condition defines the traffic-control problem to examine. The vehicle paths, stops, yielding, lookout, speed, visibility, pedestrian movement, impact, and avoidance evidence address what occurred. G.S. 20-158(d) also states that a failure to stop under the section is not negligence or contributory negligence per se, although the facts may be considered with the other facts in a civil action.

The related guide to traffic-signal timing records after a North Carolina intersection crash covers phase, timing, detector, preemption, coordination, controller-log, plan, and video records when the dispute concerns how an operating signal cycled rather than a red flash or dark display.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general evidence information for people who may later consult a Charlotte car accident lawyer. Signal operation, record retention, admissibility, negligence, causation, defenses, and damages depend on current law and the complete facts.

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