If you have been involved in a California car accident, you may wonder if you will get a traffic ticket. Whether or not a traffic ticket is issued will depend on whether the accident was simply an unfortunate accident or whether one or both drivers were negligent or disregarded the rules of the road.
Not all accidents are caused by driver error, negligence or aggression. Some accidents are simply unfortunate incidents that happen which are beyond the control of either driver. When an accident happens, police will be on the scene, but they won’t automatically issue a traffic ticket if there isn’t any clear evidence of a traffic violation. If you or the other driver did break a law, a traffic ticket may be issued.
Reasons You May Get a Traffic Ticket
There are certain actions that may lead to having a ticket issued, particularly if these actions lead to an auto accident. Here are some of the most common traffic violations that may contribute to an accident:
- Speeding – If the officer determines there was evidence of speeding, either because of witness statements or because of skid marks, you may be issued a speeding ticket
- Driving recklessly or aggressively
- Driving too fast for conditions, which means you failed to take poor visibility or poor road conditions into consideration
- Driving down a one-way street the wrong way
- Failing to obey a red light or a stop sign
- Passing in a no-passing zone or failing to stay in your lane
- Rear-ending another vehicle
If you show any signs of being intoxicated or under the influence of substances, you will probably be asked to submit to a sobriety test. If you fail the test, or if you refuse to submit to it, you may be charged with driving while under the influence.
How a Traffic Ticket Affects a Personal Injury Case
A traffic citation won’t be automatically issued just because there was an accident. Since the police officer probably didn’t witness the wreck, he or she has to rely on statements of eyewitnesses or any physical evidence surrounding the accident scene.
If you are issued a ticket, you may be concerned that it will hurt your chances of obtaining compensation after you’ve been hurt in an accident. Getting a ticket doesn’t mean you can’t still try to seek compensation for your injuries. A ticket is issued based on an officer’s interpretation of what happened, and he or she may not have all the facts.
Should You Fight a Traffic Ticket?
Whenever you are issued a traffic ticket, you have the right to fight it. After an accident, if the ticket was a for a minor violation that had nothing to do with the accident, there’s probably no reason you shouldn’t just pay it. But if a ticket makes it look like you were responsible for an accident that wasn’t primarily your fault, it’s a good idea to fight it in court.
Getting Help from a Personal Injury Lawyer
If you have been injured in an accident caused by another driver’s negligence, it’s a good idea to get professional legal advice from an expert in the field of personal injury law. This is especially important if you have been ticketed at the scene of the accident and you believe it makes you look like the person who is mostly responsible for the accident when that isn’t true.
Contact Kuvara Law Firm by filling out the form on this page. One of our personal injury experts will get back to you soon to go over your accident and your ticket. Let’s talk about how we can help.