Will a Traffic Ticket Affect My Auto Injury Claim?

You were injured by another driver’s negligence in a car accident, and it’s a lot. If you were also issued a traffic ticket, it can up the stress considerably. If, on the other hand, the other party also received a traffic ticket – or was the only one to receive a ticket – it could bolster your car accident claim. If another driver leaves you injured and there’s one or more traffic tickets involved, it’s complicated, and you shouldn’t put off consulting with an experienced California auto injury attorney

Traffic Tickets

The matter of who was ticketed is likely to directly affect your car accident claim, and the three possible scenarios include:

  • You alone were ticketed. 
  • The other driver alone was ticketed. 
  • You were both ticketed.

The fact is that a ticket – by itself – does not prove fault, but it is another piece in the evidence puzzle of your car accident claim. You can count on the insurance company making the most of a ticket if you – as the claimant – was ticketed and on it minimizing the importance of the ticket if their policyholder was ticketed. In the end, the specifics of the ticket or tickets in question will need to be evaluated and applied to your claim as appropriate. 

Shared Fault

In the State of California, even if you share some fault for the car accident in question, it need not stop you from seeking just compensation through the at-fault party’s car insurance provider. If you are found to be partially at fault for the accident that causes you to be injured, you can seek compensation for the percentage of the accident that the other party is deemed responsible for. Consider the following simplified example:

  • You were ticketed for speeding (at a rate of 10 miles over the speed limit) and were ultimately determined to be 20 percent responsible for the accident that left you injured. 
  • The other driver was ticketed for texting behind the wheel (distracted driving) and was ultimately determined to be 80 percent responsible for the accident that left you injured.
  • If your auto injury claim ultimately settles for $100,000, your compensation will be reduced by 20 percent (to address your percentage of fault), and you will receive $80,000.  

While you both received tickets in this scenario, the degree of fault varies according to the nature and level of the negligence involved. The fact is that a traffic ticket (or tickets) complicates an already complicated legal matter, and the best path forward is with a dedicated auto injury attorney in your corner. 

You Need an Experienced California Auto Injury Attorney on Your Side

The accomplished California auto injury attorneys at the Law Offices of Scott Righthand have the experience, legal insight, and knowledge to skillfully protect your legal rights – in pursuit of your claim’s most advantageous conclusion. To learn more about how we can help, please don’t wait to contact us and schedule your free consultation today.  

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Date Of Posting

30 March,2022

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