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How a Traffic Citation May Affect a Car Accident Claim

Posted on behalf of Arnold Law Firm in
Police officer writing traffic ticketIf you, the other driver, or both of you were ticketed after a car crash, it can affect the outcome of a car accident claim. That is why it is so important to obtain a copy of the police report to determine who was ticketed and why. The insurance company will be sure to obtain their own copy of these documents to see how they may be able to deny or devalue your injury claim. Our Sacramento car crash lawyers are prepared to help you obtain a copy of the police report, determine which driver was issued a ticket, and fight back against the insurance company when they try to insist the accident was at least partially your fault.

IF THE OTHER DRIVER IS TICKETED

After an accident in which the other driver was issued a ticket, it is important to determine whether that ticket helps prove that another driver was at fault for the accident that resulted in your injuries. If the driver was ticketed for certain things, it may be relatively simple to prove he or she is at fault. For example:
  • Speeding
  • Distracted driving
  • Following too closely
  • Running a red light/stop sign
It may be safe to assume that driver is at fault for your crash due to negligence per se, and that his or her liability insurance company should be held financially accountable for your damages. If the ticket can prove fault, your injury claim may be more likely to be successful, and you may be able to recover the compensation you need for your damages. Remember, the insurance company will still try to devalue your claim in some other way, so it is important to have someone on your side who is prepared to help you build a case to maximize your compensation.

IF ONLY YOU WERE TICKETED

Your claim may be negatively affected if you were the only one of the parties involved in the crash who was issued a traffic citation. However, it is important to note that the type of citation you were issued is an important consideration. Sometimes, something as simple as an expired tag or another type of non-moving violation may result in a traffic citation. Remember that non-moving violations are not the reason an accident happens, so if you were issued one of these types of citations, you may still be eligible to pursue compensation. However, you may not be able to file a claim at all if the citation you were issued was due to the determination that you were 100 percent responsible for the accident.

IF ALL PARTIES WERE ISSUED A TICKET

If both you and the other driver, or drivers, involved in the accident were issued a traffic citation, it is important to determine which citation has the most weight when determining fault for the accident. While fault may be mostly assigned to one party, it is also important to remember that another party may also be partially at fault for an accident. Fortunately, California’s pure comparative negligence laws allow injury victims to recover compensation for damages even if they were assigned partial fault for an accident. However, your recovery may be reduced by the percentage of fault assigned to you.

LET US HELP WITH YOUR CLAIM. CALL US TODAY

A traffic citation after an accident is something that can have a significant effect on the outcome of an injury claim. It is important that you have an experienced attorney on your side who understands how to build a strong case on your behalf to help you recover compensation for your medical bills, lost wages, pain and suffering, and other damages you are owed. For decades, our attorneys have fought hard to stand up for the rights of our clients and have successfully recovered millions in compensation on their behalf. We offer a free consultation to discuss your claim and charge you nothing while we work on your case.

Call us today to schedule your free consultation at (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.