A car accident is a traumatizing experience. After going through one, your priority should be getting immediate medical help and a copy of the police report. The report includes any traffic tickets that were sanctioned during the accident. The tickets play a crucial role in determining the outcome of the claim and determining the person liable for all the losses and injuries. Hire an accident lawyer to get professional guidance for your case.
Determining fault through Traffic Citation in a Car Accident
Traffic tickets act as a credible piece of evidence that play a significant role in influencing the claim process. If the driver gets cited for a traffic violation, the traffic ticket will help prove the driver’s negligent conduct. It helps determine liability and displays that the accident occurred due to the at-fault driver’s negligence.
If it is proved that the other driver acted negligently and the accident would not have happened if he exercised due care while driving, the driver will be held legally liable for the crash and all the damages caused.
However, if the driver gets cited for a traffic violation that had no role in causing the accident, the driver will not be held liable for the accident. The traffic ticket must be relevant in terms of the accident. If there is no correlation between the two, the other driver would be at fault for causing the accident.
Comparative negligence
In states that follow the legal concept of comparative negligence law, drivers who are at fault for causing the accident would still be entitled to seek compensation if their proportion of fault is under 50%. However, the insurance company will deduct the compensation amount according to their fault percentage.
Being careful about accident-related statements
You might be asked for testification in the hearing if the opposition decides to dispute a traffic ticket relevant to your case. Make sure to avoid any apologetic statements. Even if you believe you had some contribution to causing the accident, do not accept it in front of them. Any apologetic sentence will be used as an admission of fault, and it can negatively impact your claim to a significant extent.
Make sure to word your sentences with utmost care if you are testifying for the traffic citation hearing, as all your statements can be flipped against you. Make sure to hire an attorney that can communicate on your behalf and guide you regarding what to say and what not. They are experienced in handling similar cases and can give you a general idea about what to expect from this.
