How Does Traffic Court Impact A Personal Injury Case?
Upon arriving at the scene of a car crash, the police will investigate to determine which driver is at fault. During this time, the officers typically interview the drivers involved and bystanders who witnessed the accident. Should the police conclude that a driver violated the New York State Vehicle and Traffic Law, they will issue a traffic ticket, also known as a citation. Consequently, the driver who received the ticket must go to traffic court. Suppose the other motorist suffered any damage, such as injuries, lost wages, or property damage. In that case, they might seek monetary compensation through a personal injury claim. Many car accident victims wonder whether the outcome of traffic court will impact their case against the ticketed driver.
Common Traffic Laws Violated In Car Accidents
There are numerous reasons why the police may cite a motorist for actions that caused a collision. Prevalent examples include:
- Running a red light or stop sign;
- Driving under the influence of drugs or alcohol;
- Making illegal turns;
- Speeding or driving too fast for the road conditions;
- Failing to yield the right-of-way;
- Texting while driving;
- Unsafe lane changes; and
- Tailgating or following too closely.
The Burden Of Proof
For the victim or plaintiff to hold the ticketed driver or defendant financially responsible for their damages, they must prove that the defendant acted negligently. The plaintiff has the burden of proof and must present evidence to establish the legal elements required to demonstrate the specifics of their claim. The defendant need not prove their innocence or disprove the plaintiff’s case. Therefore, if the plaintiff cannot prove the elements of their claim by a preponderance of the evidence, the defendant will not be held liable.
Potential Consequences Of Traffic Tickets
In most instances, the defendant’s traffic ticket could benefit the victim’s injury claim. The victim’s claim that the defendant ran a red light could turn into a “he said, she said” situation if the defendant denies the victim’s allegations. However, if the police issued the defendant a ticket, it would help collaborate the victim’s version of events. Although traffic court is a different process than an injury lawsuit, the two could still have some overlap. Being found guilty of the traffic violation can be used as persuasive evidence that the defendant’s irresponsible driving contributed to the accident. At a minimum, all drivers must obey the law and exercise reasonable caution to avoid collisions. When a traffic violation causes an accident, the driver that broke the law could be found negligent per se. In other words, being found guilty in traffic court would provide evidence that the defendant acted unreasonably because reasonable drivers obey the law.
Retain Jed Dietrich, Esq. For Your Car Accident Claim
Suppose you, or a loved one, have suffered shattering injuries or worse in a crash caused by a traffic offender. In that case, the Dietrich Law Firm P.C.’s veteran personal injury attorneys want to help you seek justice. Jed Dietrich, Esq., famed as a Top 3 Personal Injury Lawyer, has successfully litigated thousands of cases, including many accidents caused by ticketed drivers. Please call us now for your no-obligation consultation and case review. We are available 24/7 at 716-839-3939 or by completing the online consultation form.