Being involved in a car accident is a traumatic event to have to live with. One of the key elements necessary for getting compensation related to a personal injury case is establishing fault. This article will discuss what it means if a driver is issued a ticket at the scene of a car accident and how this effects his or her car accident claim.
If you are issued a moving violation by a law enforcement officer at the scene of a car accident, this could directly lead to a finding that you were at fault for the accident. However, that citation is not a clear-cut conclusion. There are a number of options available to appeal the citation and there is the possibility that the other driver was also cited in connection with the accident.
The basic rule of liability whereby a driver is issued a ticket in connection with a car accident, is almost always when they are considered to be at fault for the accident. Therefore, if a driver is cited at the scene and he or she tries to make an insurance claim or file a lawsuit in order to accuse the other driver of being negligent, it is highly likely that that driver is going to lose; unless the other driver was also cited. In the majority of cases where a driver received a traffic violation ticket at the scene of an accident, most personal injury lawyers will not even take the case on.
It is important to note that if the other driver files a claim or lawsuit against the driver who was issued a ticket, the defendant insurance company is probably going to settle the case as quickly as possible because if the plaintiff goes to court it is almost definite that he or she is going to win.
If a driver that is issued a traffic ticket for an accident in which he or she was injured, in order to successfully claim for the injuries, it will be necessary for that driver to contest the ticket. Procedures for contesting a traffic ticket differ from one state to the next; however, the driver will have to notify some governmental agency, usually the DMV, the police or the court that has the jurisdiction of the city where the ticket was issued. It is of the utmost importance to quickly notify the appropriate governmental agency that you intend on contesting a ticket as there usually is a 14 to 21-day deadline. The instructions for contesting a ticket are printed on the ticket itself.
In some cases, both drivers may receive tickets at the scene of the accident. However, it should be noted that both drivers are not equally at fault just because they both received tickets. One law article about the matter stated that, “where both drivers are issued tickets in a car accident, the issue of liability is pretty contentious as each driver tries to prove who has more blame for the accident”. It is imperative in such a situation to get representation and advice from vehicle injury lawyers.