How a Traffic Ticket May Affect Your Accident Claim
Posted on behalf of Lynch Law Firm on November 10, 2021 in Car Accidents News
A traffic ticket may help or hurt your claim depending on several factors, including which driver is issued the citation.
If you were injured in an accident and need help filing a claim, our car accident lawyers in New Jersey are prepared to help you through the legal process to maximize compensation for your medical bills, lost wages and other damages.
Below, we discuss what factors should be considered when determining the impact of a traffic ticket on an accident claim.
A TRAFFIC TICKET MAY HELP DETERMINE FAULT
The type of traffic ticket issued after an accident may help determine who is responsible for the crash, depending on how the collision occurred. For example, a driver may be cited for speeding or running a red light before he or she crashed into your vehicle. In this scenario, the traffic ticket may help prove the driver’s negligence resulted in an accident.
Tickets issued for non-moving violations, like a ticket for broken taillights, may also help as this could prove negligent vehicle maintenance resulted in an otherwise avoidable crash.
It is important to note that New Jersey is a no-fault state. This means that accident victims must first file a claim with their own Personal Injury Protection (PIP) insurance policy for compensation for their economic damages. However, if there is not enough PIP to cover the cost of your damages, you may be able to turn to the liability insurance policy of the at-fault driver.
HOW WILL MY CLAIM BE AFFECTED?
Your claim may be affected in a good or bad way depending on who is issued the traffic ticket.
IF THE OTHER DRIVER IS TICKETED
When another driver is issued a ticket after a crash it may help your claim because it can help prove negligence. But did you know that a history of traffic tickets on that other driver’s record may also help your claim?
If the driver who crashed into you has a history of reckless driving or driving with broken taillights, your attorneys may be able to use this to prove the other driver is often negligent.
It is important to note that this may only benefit your claim if there is other evidence to support your case that the other driver acted negligently. The insurance company may also try to use your own driving record against you to try and deny your injury claim.
IF ONLY YOU RECEIVED A TICKET
If you were the only driver who is issued a ticket at the crash scene, your claim may be negatively impacted, as it could show that you were at fault, which would make it difficult to recover compensation from the liability insurance of the other driver. However, due to no-fault laws in New Jersey, you may still be able to get your medical bills covered.
Despite the optics of you being the only driver ticketed, this does not always mean you are the at-fault party. You may have received a ticket for a non-moving violation, such as an expired driver’s license, which is unrelated to the cause of the accident.
IF BOTH PARTIES WERE ISSUED A TICKET
In accidents where both drivers involved are issued a ticket, both drivers may share fault for the crash. If both drivers are issued a ticket because both may have acted in a manner that warranted a ticket, the injury victim may still be able to recover compensation under New Jersey’s comparative negligence law.
WE ARE PREPARED TO HELP. CALL TODAY
Traffic tickets may impact the outcome of an accident claim in several ways, depending on who receives the citation. Therefore, it is important to have an experienced attorney on your side who may be able to help you prove someone else’s negligence resulted in your injuries.
Our knowledgeable attorneys are prepared to help you file a claim and build a strong case for compensation on your behalf. The consultation is free and there are no fees unless we win.
Call (800) 518-0508 to get started.