The Impact Of Traffic Tickets On Car Accident Claims
Car accidents can be overwhelming and stressful events, especially when they result in injuries, vehicle damage, and legal complications. One important factor that can influence a car accident claim is whether a traffic ticket was issued at the scene of the accident. Receiving or avoiding a traffic ticket can significantly affect how insurance companies, police reports, and courts assess fault and determine compensation.
In this blog post, we will explore the different types of traffic tickets, how they can affect a car accident claim, and what you need to know if you’ve received a traffic citation after an accident. Understanding the impact of traffic tickets can help you navigate the claims process and protect your rights as you seek compensation for your damages.
What Are Traffic Tickets?
Traffic tickets, also known as traffic citations, are issued by law enforcement officers when a driver violates traffic laws. These violations can range from minor infractions, like speeding, to more serious offenses, like running a red light or driving under the influence (DUI).
There are two main types of traffic violations:
- Moving Violations: These occur when a driver breaks a traffic law while the vehicle is in motion. Examples include speeding, failing to yield, running a stop sign, or reckless driving.
- Non-Moving Violations: These involve illegal actions when the vehicle is stationary. Examples include parking in a no-parking zone, failing to display a valid license plate, or having expired registration.
The type of traffic ticket issued after a car accident can have a direct impact on how fault is assigned and how insurance companies handle the claim.
How Traffic Tickets Affect Car Accident Claims
When a traffic ticket is issued after a car accident, it can play a key role in determining fault and the outcome of a car accident claim. Fault is an important factor in insurance claims because the at-fault driver is typically responsible for covering the damages caused by the accident. Here are a few ways that traffic tickets can impact a car accident claim:
1. Establishing Fault
A traffic ticket issued at the scene of a car accident can strongly influence who is considered at fault. For example, if a driver is ticketed for running a red light and causing a collision, the ticket serves as evidence that the driver violated a traffic law, which makes them more likely to be found at fault.
On the other hand, if both drivers received tickets for separate violations, such as one driver speeding and the other failing to yield, both drivers may share fault for the accident. In these cases, comparative negligence laws may apply, and each driver’s compensation will be reduced by their percentage of fault.
2. Influencing Insurance Companies
Insurance companies often rely on traffic tickets as part of their investigation when determining fault in a car accident. If one driver received a ticket for a traffic violation, the insurance company may assign full or partial blame to that driver. This can affect how much compensation the insurance company is willing to pay for damages.
However, it’s important to note that receiving a traffic ticket doesn’t automatically mean you’re at fault for the accident. In some cases, you may be able to contest the ticket or provide evidence that the other driver’s actions contributed to the crash.
3. Impact on Insurance Premiums
Receiving a traffic ticket in connection with a car accident can also impact your auto insurance premiums. If you are found at fault for the accident and receive a ticket, your insurance company may increase your premiums due to the traffic violation. This is because insurance companies view drivers with traffic violations as higher-risk, which often results in higher premiums.
On the other hand, if you were not ticketed and are not at fault for the accident, your premiums may not be affected. If you’re unsure how a traffic ticket will affect your insurance, it’s important to review your policy and consult with your insurance provider.
4. Court and Legal Proceedings
In some cases, traffic tickets may lead to court appearances or legal disputes. If you choose to contest the ticket, you will need to appear in court and present evidence to support your case. If the ticket is related to a car accident, the outcome of your court appearance may impact your car accident claim.
For example, if you successfully contest a traffic ticket and it is dismissed, this could strengthen your argument that you were not at fault for the accident. However, if the ticket is upheld, it may be used as evidence against you in the car accident claim, increasing your likelihood of being found at fault.
What to Do If You Receive a Traffic Ticket After a Car Accident
Receiving a traffic ticket after a car accident can be frustrating and confusing, but it’s important to handle the situation carefully to protect your rights. Here are the steps you should take if you receive a traffic ticket after an accident:
1. Remain Calm and Cooperative
At the scene of the accident, it’s important to remain calm and cooperative with law enforcement officers. If you receive a traffic ticket, avoid arguing with the officer at the scene. Instead, accept the ticket and make a note of any important details, such as the specific violation you were ticketed for and the officer’s name and badge number.
2. Gather Evidence
Even if you receive a traffic ticket, it’s important to gather as much evidence as possible at the scene of the accident. This includes taking photos of the damage to all vehicles involved, collecting witness contact information, and noting any traffic signs or signals that may have played a role in the accident.
This evidence can be valuable if you decide to contest the ticket or if you need to prove that the other driver was also at fault for the accident.
3. Review the Ticket Carefully
Once you receive the traffic ticket, review it carefully to understand the specific violation you are being charged with. The ticket should include information about the traffic law you allegedly violated, the date and time of the offense, and instructions for how to contest the ticket if you choose to do so.
4. Consider Contesting the Ticket
If you believe the traffic ticket was issued in error or if you have evidence that the other driver was at fault, you may want to consider contesting the ticket. Contesting a traffic ticket typically involves going to court and presenting evidence to challenge the officer’s assessment of the situation.
Keep in mind that if you successfully contest the ticket and it is dismissed, this could strengthen your position in the car accident claim.
5. Consult a Collision Claim Lawyer
If you’ve received a traffic ticket after a car accident and are concerned about how it will affect your claim, it’s a good idea to consult a collision claim lawyer. An experienced lawyer can review the details of your case, help you contest the ticket if necessary, and represent your interests in the car accident claim process.
A lawyer can also help you gather evidence to prove that you were not entirely at fault for the accident, even if you received a traffic ticket.
For legal assistance with a traffic ticket or car accident claim, contact Collision Claim Lawyers at (800) 900-3868. Our team of experienced attorneys can guide you through the process and ensure that your rights are protected.
Contesting a Traffic Ticket After a Car Accident
If you’ve received a traffic ticket after a car accident and believe it was issued in error, you have the option to contest the ticket in court. Contesting a traffic ticket can help you avoid the negative consequences of the violation, such as fines, points on your driver’s license, and increased insurance premiums. Here’s what you need to know about contesting a traffic ticket:
1. Request a Court Hearing
To contest a traffic ticket, you will need to request a court hearing. The ticket should include instructions on how to request a hearing and the deadline for doing so. It’s important to follow these instructions carefully and submit your request within the specified time frame.
2. Prepare Your Evidence
Before your court hearing, gather any evidence that supports your case. This may include:
- Photos or videos of the accident scene
- Witness statements
- Dash cam footage
- Diagrams of the intersection or road where the accident occurred
You may also want to bring a copy of the police report, medical records if you were injured, and repair estimates for your vehicle.
3. Hire a Lawyer
If you’re unsure about how to contest the ticket or if you need help preparing your case, consider hiring a collision claim lawyer. A lawyer can help you gather evidence, present your case in court, and argue on your behalf to have the ticket dismissed.
4. Attend the Hearing
At the court hearing, you will have the opportunity to present your case to the judge. The judge will listen to your argument, review the evidence, and decide whether to dismiss the ticket or uphold it.
If the ticket is dismissed, this can strengthen your car accident claim by demonstrating that you were not at fault. However, if the ticket is upheld, you may still be able to pursue compensation for your damages, depending on the percentage of fault assigned to each driver.
How a Traffic Ticket Affects Comparative Negligence
In many states, car accident claims are governed by comparative negligence laws. Under these laws, each driver is assigned a percentage of fault for the accident, and their compensation is reduced by their percentage of fault. A traffic ticket can influence how fault is assigned in a car accident claim.
1. Pure Comparative Negligence
In states that follow pure comparative negligence, you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.
If you receive a traffic ticket, it may increase your percentage of fault, which will reduce the amount of compensation you can recover.
2. Modified Comparative Negligence
In states that follow modified comparative negligence, you can only recover damages if your percentage of fault is below a certain threshold, usually 50% or 51%. If you are more than 50% at fault, you may be barred from recovering any compensation.
A traffic ticket may increase your percentage of fault, and if it pushes your fault above the threshold, you may be ineligible for compensation.
3. Contributory Negligence
In states that follow contributory negligence laws, you cannot recover any compensation if you are even 1% at fault for the accident. This is a strict standard, and receiving a traffic ticket may prevent you from recovering any damages if you are found to be partially responsible for the accident.
Conclusion
Receiving a traffic ticket after a car accident can have a significant impact on your car accident claim, influencing fault, insurance payouts, and even your legal options. However, a traffic ticket does not automatically mean you are entirely at fault. By gathering evidence, contesting the ticket if necessary, and working with a collision claim lawyer, you can protect your rights and ensure that you receive the compensation you deserve.
If you’ve been involved in a car accident and received a traffic ticket, don’t hesitate to seek legal help. Contact Collision Claim Lawyers at (800) 900-3868 for a free consultation and expert guidance on your case. Our team is dedicated to helping you navigate the claims process, contest traffic tickets, and recover fair compensation for your damages.
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