The Impact of Traffic Violations on Your Car Accident Case
Traffic violations and car accident cases often go hand-in-hand. They can impact who is found to be at fault and why – which can make all the difference in your claim.
Whether you’re the injured party or the one being blamed, you should understand the way tickets and traffic violations might impact you. Fortunately, our injury attorneys have seen it all – and we can help.
If you’ve been in a car accident and traffic violations were involved, here’s what you need to know about how that can impact your personal injury claim.
What Counts as a Traffic Violation?
A traffic violation refers to any time a driver breaks the rules of the road.
These violations run the gamut and include everything from driving under the influence (DUI) to accidentally following too closely.
Some other common violations that often lead to accidents include:
- Speeding
- Running a red light or stop sign
- Failing to yield
- Texting or using a phone while driving
- Improper lane changes
- Tailgating
If the other driver committed one of these violations and caused the crash, it can help prove they were at fault. On the flip side, if you were the one cited, it could work against your claim.
How Traffic Violations Help Prove Negligence in Car Accidents
To win a personal injury case, you have to prove that the other driver was negligent. And traffic violations are a strong form of evidence.
For example, if a police report shows that the other driver was speeding or ran a red light, that can go a long way toward proving they acted carelessly. That’s why police reports, witness statements, and sometimes even traffic camera footage are so important.
How a Ticket Affects Your Claim
All that said, if you received a traffic ticket at the scene of the accident, it doesn’t automatically mean you’re out of luck. Insurance companies will use that citation to argue you were at fault. However, if the other driver was also cited or if their violation was more serious, it can balance out or shift the blame back where it belongs.
Our personal injury team can help gather the evidence to show the full picture of what happened, not just what the citation says.
Comparative Fault in Tennessee
Our home state of Tennessee follows something called a modified comparative negligence rule. This means more than one person can share blame for a crash.
If you were partially at fault – say, you were going slightly over the speed limit – you can still recover compensation as long as you were less than 50% responsible. The courts or settlement will just lower your compensation according to how at fault you were.
So if your total damages are $50,000 and you’re found to be 20% at fault, you’d receive $40,000.
That’s why at our firm, we always pay attention to the full story of what happened at the time of the accident. There are times when both drivers might be a little bit at fault. But the large percentage of blame may rest on the other driver. And that can make a huge difference for your claim.
What If There Were No Tickets?
If no one got a ticket, that doesn’t mean there was no violation or fault. Police officers don’t always issue citations after an accident – sometimes because they didn’t witness it themselves.
Your lawyer can still investigate, using things like:
- Accident scene photos
- Surveillance footage
- Eyewitness statements
- Vehicle damage reports
- Expert analysis
These can uncover traffic violations and help you build a strong case, even without an official citation.
How a Lawyer Can Help with Traffic Violations and Car Accident Cases
These sorts of cases are extremely complicated, especially in comparative negligence states like Tennessee. So if you’re in an accident and need to file a personal injury claim, you absolutely want to have a great lawyer on your side.
It can make the difference between getting the compensation you need and deserve or going home with nothing and having to cover all the costs out of pocket.
Our award-winning Memphis attorneys:
- Analyze the accident report and identify traffic violations.
- Collect additional evidence to strengthen your claim.
- Defend you if the other side claims you violated a traffic law and are responsible.
- Deal with insurance companies who are trying to reduce or deny your claim.
- Help you get the compensation you need after a crash.
And we don’t get paid anything unless and until we win your case.
At our firm, we know better than anyone how traffic violations can impact a car accident case, both in proving who was at fault and in determining how much compensation you can receive. Whether you were the one who got the ticket or the other driver did, these details matter and you need a lawyer to take a look.
Talk with Our Award-Winning Team for Free
If you’ve been injured in a car accident in Memphis and traffic violations are part of the story, don’t try to handle it alone. Call us at 901-327-2100 or contact us online today for a free consultation.
We can protect your rights and fight for the compensation you deserve.