How Traffic Tickets May Play a Role in a Car Accident Claim

traffic ticket after a car accidentReceiving a traffic ticket after a car accident can impact your claim in several ways. It could harm your chances of recovering the compensation needed to pay for your injuries and damages. Traffic tickets are just one piece of evidence used by insurance companies to determine fault for a crash.

If you need legal help, reach out to one of our Oshkosh-based auto accident attorneys for a free consultation. There is no obligation to move forward and no upfront costs to retain our services. Our firm has nearly 100 years of combined experience protecting the rights of accident victims throughout Wisconsin. We are well-versed in state traffic laws and how they may apply to your circumstances.

Call (877) 888-5201 for a free case review.

Common Traffic Violations That Lead to Accidents

Wisconsin has a point-based citation system. It assigns a certain number of demerit points to a driver’s license for each traffic violation that is committed. Under this system, driving privileges may be suspended once 12 points are assigned on a driver’s license within a 12 month time period. 

Some of the most common traffic violations that lead to accidents are:

  • Exceeding the speed limit
  • Failure to yield the right of way
  • Inattentive driving
  • Failure to keep a vehicle under control
  • Following too closely
  • Deviating from the traffic lane
  • Disobeying a sign or signal
  • Operating under the influence
  • Driving with a suspended/revoked license
  • Operating without a license

Does a Traffic Citation Clearly Demonstrate Fault in a Crash?

While a traffic citation is not the only evidence used to prove fault, there are certain circumstances where it may clearly show who is liable for a crash.

For instance, say a driver is going too fast on the road. The driver loses control of his or her vehicle and hits another driver. He or she will likely receive a citation for speeding. The driver is clearly at fault because had he or she been obeying the speed limit, the crash would not have occurred. The traffic citation could help support that negligence was involved.

How Does Comparative Negligence Impact Compensation?

In a car accident case, it is important to be informed of any laws that could impact your ability to obtain fair compensation or any compensation at all. Wisconsin follows a modified comparative negligence statute. Drivers could still be eligible for compensation provided they are not more to blame for the crash than the other driver. Compensation would be reduced, according to their percentage of fault.

If you are deemed 30 percent at fault for the accident and your compensation award was $50,000, the amount will be reduced by 30 percent or $15,000. Your recovery, in the end, would be $35,000.

Our attorneys at Sigman Janssen are ready to make sure that you are not assigned more blame, if any, for an accident. We know what it takes to build a strong claim for the maximum recovery possible.  

What If Both Drivers Involved Receive a Citation?

If both drivers receive traffic citations, liability will likely be shared between them. However, the fact both drivers were ticketed does not automatically demonstrate that they share equal blame. One of the drivers may have even been issued a citation that did not directly play a role in the crash.

For instance, if you made an unsafe lane change at the intersection but the other driver approaching from the opposite way ran the red light and hit you, you would both be partially to blame for the crash. 

Be Mindful About What You Say After the Crash

If the other driver chooses to dispute a traffic citation related to the crash, you may be asked to testify in a hearing. It is important to refrain from saying anything that could be used as an admission of fault or guilt, especially if you know that you are not responsible for causing the crash.

Your words could be used against you after a crash if you are not careful, especially by an insurance company looking to pay out the least amount possible.

Having legal representation to offer advice and counsel could prove beneficial to the outcome of your claim. Car accident victims who decide to hire a lawyer have a better chance of recovering compensation than those who do not. Unlike the insurance company, a lawyer has your best interests in mind.

We Are Ready to Assist with Your Accident Claim

If you have been involved in a car accident where a traffic citation was issued, we recommend reaching out to an experienced attorney before pursuing a claim for compensation.

The legal team at Sigman Janssen is prepared to review your situation and discuss your rights in a free consultation. You are under no obligation to hire our firm, but if you do, we charge zero upfront fees. We only receive payment for our services if we are successful in obtaining compensation for you.

A Local Firm You Can Trust. Ph: (877) 888-5201