A law enforcement officer has pulled you over for speeding and the resulting ticket puts you precariously close to exceeding the number of points allowed per year for moving violations. Should you turn to a car accident attorney to dispute the traffic citation on your behalf?
The answer is no if you did not get involved in a vehicle collision. Car accident attorneys help clients recover the financial losses associated with getting involved in an auto crash. For a speeding ticket, you should contact a lawyer who specializes in helping clients beat traffic citations.
However, if you received a speeding ticket as part of a car accident investigation conducted by law enforcement personnel, hiring a car accident attorney can help you dispute the traffic ticket, which in turn strengthens an insurance claim and a civil lawsuit that seeks monetary damages.
What Does a Traffic Citation Means for a Car Accident Case?
Receiving a traffic ticket after an auto crash does not automatically make you guilty of causing the accident, but it does tip the scale of justice in the other motorist’s favor. The other driver’s attorney might try to hold you legally liable for causing the collision because you violated one or more traffic laws. Without a car accident attorney providing legal support, you have little, if any chance of getting an insurance claim approved or receiving a favorable legal judgment for compensation.
How Should I Contest a Traffic Violation?
The procedure for fighting a traffic citation differs from state to state. You should discover the procedure to follow in your state by reading the instructions printed on the back of the traffic ticket. Your car accident attorney can fight the traffic ticket in court, and if the police officer who issued the traffic citation does not show up in court, the judge hearing your case might dismiss it. Another way to fight a traffic citation received after an auto crash is to prove the traffic violation did not cause or contribute to the collision. If you live in a state that follows the comparative negligence doctrine, your attorney can argue that the other party should assume a percentage of the fault for causing the accident.
For example, let’s assume you received a speeding ticket after a car accident. However, the other driver also committed a traffic violation by sending a text message while operating a motor vehicle. The judge hearing your case might assign each of you 20 percent of the blame for causing the motor vehicle collision. If the judge awards you $50,000 in monetary damages, the net compensation received declines by 20 percent to $40,000.
What If My Traffic Citation Is Not Related to the Car Accident?
Government safety agencies enforce traffic laws with the intent to minimize the number of auto crashes. For instance, establishing speed limits gives motorists more time to react to changing road and traffic conditions. Speed limit laws also minimize the power of vehicle impacts. However, other types of traffic laws have nothing to do with preventing motor vehicle collisions. Maybe you committed an administrative violation by not getting your registration renewed before the deadline.
Any citations not related to a car accident should not be a factor considered by an insurance adjuster or a judge hearing a personal injury case.
The Bottom Line: A Traffic Citation Does Not End Your Quest for Compensation
Receiving a traffic citation after a car accident does not result in a determination of fault. If you got involved in a motor vehicle collision and then received a traffic ticket after the crash, you should act with a sense of urgency by contacting a state-licensed car accident attorney. Make sure you never admit guilt to any party, including the responding police officer and the insurance adjuster processing your claim.
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