How Traffic Tickets Can Affect Car Accident Cases

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The first thing you could be asked after a car accident is "who was at fault?". This issue is not just a matter of curiosity among your loved ones and friends—it's a major aspect of your personal injury case. If the other driver is at fault, you can sue and be paid money damages. If you are at fault, you may end up being the object of a lawsuit. Many times, if one or the other driver received a traffic ticket after the accident, it can affect fault. Read on to find out more.

How is Liability Determined?

Liability means fault and several forms of evidence are examined in an effort to identify the driver who caused the accident. The insurance adjuster for each side will take a look at the following forms of evidence when doing an initial investigation into the cause of the wreck:

  • The police report from the responding law enforcement officer.
  • Eye-witness statements.
  • Statements from each driver.
  • Photographs showing vehicle damage and skid marks on the road.

In cases where the fault is not clear, accident reconstruction experts may be consulted.

How Traffic Tickets Affect Fault

When a driver is ticketed, it can complicate matters. The fault is determined by more than just a traffic ticket and a driver might be ticketed without it affecting fault. For example, if a driver was ticketed for not wearing a seat belt, it might not affect liability at all. However, it could affect money damages when it comes to medical costs in something known as a failure to mitigate. If you were speeding at the time of the accident and were ticketed, it may or may not mean you share fault with the driver that ran a stop sign and crashed into you.

How Traffic Tickets Affect Compensation

In almost all cases, if the other driver is determined to be at fault, any traffic violations received by them will strengthen your case and enhance your money damages. The most extreme example of that might be a driver who is arrested and charged with driving under the influence (DUI). In a personal injury trial, judges have the discretion to tack punitive damages onto other money damages. Punitive damages may be appropriate in cases where the other driver failed to do everything possible to prevent an accident. In line with a DUI might be reckless driving, use of a distracting device like a cell phone, and more.

No matter who was ticketed at the scene, speak to a personal injury attorney for help with your case.


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