Getting a traffic ticket after an accident doesn’t automatically mean you are at fault for the accident, but it certainly tips the scales in the other driver’s favor.
The other driver can point to the traffic ticket as evidence that you’re liable (legally responsible) for the accident. But you can:
- fight the traffic ticket in court
- argue that the traffic violation didn’t cause or contribute to the accident, or
- shift some of the blame for the accident to the other driver.
Let's take a closer look at how you can overcome getting a traffic ticket after an accident.
Getting a Ticket Is a Sign That You Might Be at Fault
Let’s be honest, getting a citation for a traffic violation after a car crash is a strike against you when it comes to determining who was at fault for the accident. All drivers have a duty to obey traffic laws. If you fail to follow a traffic law and that failure causes an accident, you’re at fault (partially or entirely) for the accident. Fault matters because the driver who is at fault for an accident is typically on the financial hook for injuries, vehicle damage, and other losses resulting from the accident (called “damages”).
But getting a ticket after an accident doesn’t necessarily spell doom for your car accident claim. Maybe you were ticketed in error. Maybe you were ticketed for something unrelated to the crash, like expired tags or an equipment violation. Or maybe the other driver was also cited for a violation and shares blame for the accident.
If you can, contest the ticket as quickly as you can.
Contesting the Ticket
If you’re issued a traffic ticket after an accident, you’ll likely have to contest the ticket if you want to have a shot at getting compensation for your accident-related losses from the other driver.
The procedures for fighting a traffic ticket vary from state to state. You’ll typically find instructions for how to request a traffic trial on the citation itself.
In most states, you’ll have to go to court several times to fight a ticket or hire a traffic attorney to go to court for you. Hiring an attorney will cost you money, but it might be a worthwhile investment when the outcome of the traffic trial could make or break an automobile insurance claim or car accident lawsuit.
Sometimes you can beat a traffic ticket by just showing up. If you appear for your traffic trial and the officer who wrote the ticket doesn’t, the judge will likely dismiss the ticket.
If the officer appears, you’ll have to go forward with the trial. You have the right to challenge the officer’s testimony and other evidence against you, like maintenance documents for radar equipment or red light camera photographs.
Learn more about how to fight a traffic ticket in court.
What If My Ticket Is Unrelated to the Crash?
Some traffic laws are directly aimed at preventing car accidents. For example, a speed limit establishes a reasonable and safe operating speed for a particular stretch of road. If you exceed the speed limit and get in a car accident, a police officer or claims adjuster will likely conclude that your speed caused the accident.
Other traffic laws concern issuing driver’s licenses, registering vehicles, insurance requirements, safety equipment, and care of vehicles. A mechanical or administrative violation may have nothing to do with determining who was at fault for the crash. For example, if you were cited for expired registration, the other driver isn’t going to be able to use that citation as evidence of your liability for the accident. Similarly, if the officer who responds to the scene of your accident happens to notice that your trailer hitch ball partially obscures your license plate, that equipment violation doesn’t make you automatically at fault for the accident.
What If Both Drivers Are Cited Over the Accident?
When two cars collide, both drivers may share blame for the accident. For example, if you’re speeding when you rear-end someone who was texting and driving, you’re both probably partially at fault for the accident.
Shared fault rules vary from state to state. Most states have adopted a “comparative negligence” system that splits liability according to the percentage of each driver’s fault. A few states still follow a harsh “contributory negligence” system that bars drivers from receiving any compensation if they contributed to their own injury or loss.
Shared fault car accident claims can get pretty contentious. Both drivers (or, more likely, their insurers) will probably try to shift as much blame as possible to the other driver. Think carefully about what you say about the accident in this situation and whether it makes sense to talk to the other driver’s car insurance company. You might also want to talk to a car accident lawyer.
A Car Accident Attorney Can Help
You should talk to an attorney if you’ve received a traffic ticket after an accident. An attorney can help you fight the ticket, which might be your best bet at a good outcome in your case.
Learn more about when you need a car accident lawyer and how to get a free consultation with a car accident attorney. You can also connect with a lawyer directly from this page for free.