How Traffic Tickets Affect Car Accident Injury Claims
The aftermath of a car accident can be disorienting and overwhelming. You might be forced to seek treatment for painful injuries, all while dealing with unexpected medical expenses, repairs to your vehicle, missed time at work, and other financial troubles. You may be entitled to compensation for your losses, but getting the money you need could be difficult on your own.
How Traffic Tickets Influence Car Accident Injury Claims
If you or another driver involved in the accident received a ticket for a traffic violation, things could get complicated. If the other driver was ticketed, you might assume your case will be an easy win. If you were ticketed, you might think the best thing to do is simply get it over with and pay the ticket. Both of these assumptions could harm your case, so it’s best to work with an experienced car accident attorney who can guide you every step of the way.
At R. Alan Cleveland, LLC, our car accident lawyers have more than 75 years of combined experience serving injury victims throughout Georgia. Contact us today to learn more about your rights and legal options in a free initial consultation.
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What Traffic Tickets Can a Georgia Driver Receive in a Car Accident?
Drivers may receive tickets, or citations, for any of the following traffic violations in a Georgia car accident:
- Exceeding posted speed limits
- Failure to stop at a stop sign
- Running a red light
- Failure to signal before turning or merging
- Tailgating or following another vehicle too closely
- Aggressive driving
- Reckless driving
- Unlawful passing of a school bus
- Improper passing on a hill or curve
- Failure to obey traffic-control devices
- Failure to obey a police officer
- Driving under the influence of alcohol or drugs
- Driving with an open container
- Texting while driving
- Racing on public highways or streets
- Fleeing or attempting to elude an officer
- Making an illegal U-turn
- Failure to yield the proper right-of-way
- Failure to remain within a single lane
- HOV or emergency lane violations
Does a Traffic Citation Affect Fault in a Car Accident?
If a police officer issues a traffic citation after a Georgia car accident, it may or may not impact subsequent personal injury cases. It depends on how the citation is handled and the nature of the violation that led to the citation in the first place.
In this context, the most important thing to understand about a traffic citation is that it is essentially a type of criminal charge. On the other hand, a personal injury lawsuit is a civil case. Criminal cases and civil cases have many significant differences, and generally speaking, the outcome of a criminal case does not influence the determination of fault in a civil case. However, there are some exceptions.
In most accident-related personal injury cases, the court will not consider whether either driver was charged with a traffic violation. But, if a driver who received a traffic citation voluntarily pleads guilty to the charge, their admission of guilt could be allowed as evidence in a civil personal injury case. Remember that paying a fine associated with a traffic ticket is legally the same as entering a voluntary guilty plea.
Some traffic citations will have no impact on the determination of fault in a personal injury case, even if the driver pleads guilty. For example, a violation such as driving without a seat belt, while dangerous, could not cause a collision. This citation would likely not affect fault in a car accident case.
In Georgia, courts follow what’s known as a modified comparative negligence doctrine. Under this doctrine, accident victims are eligible to recover compensation as long as they are not assigned 50 percent or more of the overall fault for the car crash. If you suspect a traffic citation may swing the balance of fault in your accident case, it’s a good idea to work with a knowledgeable car accident lawyer who can protect you from liability and establish a strong claim for fair compensation.
What Other Factors Are Considered in Georgia Car Accident Injury Claims?
Investigators, insurance adjusters, and courts will consider many factors when determining fault in a car accident injury case. Here are some common sources of evidence in accident claims:
Photos and videos from the scene – Photos of vehicle damage, visible injuries, skid marks, and other parts of the accident scene can show how the aftermath of the crash looked. Videos from traffic cameras, dash cams, and private security cameras may capture exactly what happened as the accident occurred.
- Medical records, bills, and other documentation – Your medical records, bills, pay stubs, and other relevant documentation can demonstrate the extent of your accident-related financial losses.
- Information from police accident reports – In addition to details about any citations, police accident reports often contain helpful information such as toxicology test results, diagrams of the accident, and law enforcement’s opinions regarding who was at fault.
- Statements from eyewitnesses – Statements from third-party eyewitnesses who saw the crash can be a valuable source of unbiased information.
- Testimony from expert witnesses – Expert witnesses such as medical professionals and accident reconstruction specialists can provide professional, reliable testimony about the causes and effects of the crash.
How Can a Lawyer Help You After a Car Accident?
It’s possible to handle a car accident case independently, but doing so can be difficult. You are significantly more likely to obtain the total and fair compensation you deserve for your losses when you work with a qualified auto accident attorney who can help you by:
- Explaining your legal rights and the laws that could affect your case
- Conducting an independent investigation into the accident to uncover valuable evidence and determine who was at fault
- Challenging any traffic citations you received that could affect your case
- Communicating with the insurance company or companies and other third parties on your behalf
- Managing critical legal documents and deadlines on your behalf
- Negotiating aggressively to maximize your take-home compensation
- Representing you in court if you must sue for fair compensation
Contact a Georgia Car Accident Lawyer Today
If you were injured in a Georgia car accident involving one or more traffic citations, contact the personal injury attorney R. Alan Cleveland, LLC today. We can review the details of your case and help you determine the best way forward in a free initial case review.
An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.
