After a police officer inspects a car accident, they may issue one driver a traffic ticket, sometimes referred to as a citation. The officer is building a criminal charge against the negligent driver if they give a traffic ticket.
The motorist who receives this ticket may be held liable for any injuries sustained by the other driver in a collision. That is the premise of a civil case in California.
If you were the negligent driver and received a ticket, you may wonder, “does a ticket affect my car accident claim in Roseville”?
The short answer is yes. Getting a ticket could affect your car accident claim, primarily if the citation partially blames you for the collision. But this does not mean you won’t receive any compensation at all.
In this post, we’ll discuss how a ticket could affect your auto accident claim, how California’s comparative negligence regulations might affect the compensation situation, and how a Roseville car accident attorney can help.
Why Do Traffic Citations Matter?
One of the simplest techniques for a lawyer to establish negligence is getting the other party to admit fault. Just saying sorry might implicate them and strengthen your claim even if they weren’t at fault for the collision.
Another way to demonstrate negligence is through a ticket citation. An attorney could use a ticket the reckless driver received for drunk driving to prove their negligence.
Admission of guilt also involves acknowledging any traffic infractions. So, even if the at-fault party doesn’t apologize but admits to violating traffic regulations or receiving a ticket, a lawyer will use it as evidence of negligence.
It’s crucial to remember that unless the traffic ticket directly caused the accident, your ordinary traffic ticket may not help prove your case. In these cases, moving violations are typically the ones that matter.
Generally speaking, moving infractions carry more weight when assessing liability than non-moving violations, such as an invalid registration tag.
However, this may strengthen or weaken your case, depending on who has a history of traffic violations between you and the other driver.
Most Common Citations Issued After a Traffic Accident
When a car accident occurs in California, police officers usually visit the scene to investigate and write an accident report.
Additionally, suppose any traffic regulations were breached during the chain of events that resulted in the crash.
The officer will probably issue a citation to the motorist who broke the law in that case. A car accident will nearly always involve some traffic violation.
Some common citations given to drivers following a collision include:
- Speeding
- Driving under the influence of alcohol or drugs
- Reckless driving
- Tailgating
- Improper lane use
- Distracted driving
- Disobeying traffic signs
Could a Ticket Affect Your Claim?
Being issued with a traffic citation after an accident doesn’t automatically mean you will be responsible for the accident.
Sometimes multiple parties are at fault for the collision, and more than one party could get a citation at the accident scene.
Still, a traffic ticket may impact your case, primarily if you are found guilty of the offense. A citation could attribute some of the accident’s liability to you, but that does not mean you won’t be compensated.
California follows the “pure comparative negligence” system. That implies that people may still be entitled to compensation even if several parties were responsible for an incident.
After a thorough investigation, each party will be assigned their percentage of fault for the accident. This percentage will then determine the amount of compensation they can get.
Consider the scenario where a driver receives a ticket for failing to give the right of way following a collision.
It could seem that this driver should be held responsible for the accident, but assume an intoxicated driver hit this driver who did not give the right of way.
In this case, a jury may determine that the driver who refused to give the right of way was 30% liable for the accident. If the driver suffers $100,000 in damages, they will get $70,000 instead of the total amount to reflect their 30% share of the fault.
How Can a Lawyer Help You After a Car Accident?
Managing a vehicle accident case alone is possible, but doing so might be challenging. You are more likely to get the full and reasonable compensation you need for your damages if you work with an experienced vehicle accident lawyer.
A Roseville car accident attorney can help by:
- Explaining your legal rights and any applicable laws
- Launching a thorough, impartial investigation following the incident to unearth key evidence and identify the responsible party.
- Contesting against any traffic tickets you obtained that could have an impact on your case.
- Communicating with the insurer or other third parties on your behalf
- Taking care of necessary legal paperwork and deadlines
- Aggressively negotiating for you to get maximum compensation.
- Representing you in the trial if you need to file a lawsuit for fair compensation.
Contact a Roseville Car Accident Attorney Today
If you were injured in an auto accident but also got a ticket, you should contact a knowledgeable car accident lawyer as soon as possible.
You may have legal recourse, but without an attorney, insurance companies could try to deny your claim.
Legal Giant can connect you with one of the best car accident lawyers in Roseville, California. Contact us at (855) 740-5024 for a free case review.