Filing a car accident claim can be complicated if you were issued a moving violation by a police officer at the scene. A lawyer, like a car accident lawyer, knows that while the citation may suggest you were at fault, it does not automatically disqualify you from pursuing compensation for damages or injuries. Below, we’ll break down the steps to take if you’re filing a car accident claim after receiving a moving violation.
Steps To Take At The Accident Scene
Immediately following an accident, prioritize safety. Check for injuries and call emergency services if needed. It’s important to cooperate with the police officer on the scene but be mindful of what you say. Stick to the facts when describing the incident, as anything you say could later be used in determining fault or liability.
Take photographs of the accident scene, including vehicle damage, road conditions, and traffic signs. Exchange contact and insurance information with the other driver, and if there are witnesses, gather their contact details. Witness testimony can provide valuable support for your claim.
Receiving A Moving Violation
If the officer issues you a citation, read it carefully and understand the alleged violation. Accepting the ticket does not mean admitting guilt—it simply acknowledges receipt of the citation. In many cases, a violation can be contested or mitigated, so keep this in mind as you proceed.
How A Citation May Affect Your Claim
A moving violation could potentially affect your car accident claim, as insurance adjusters and opposing parties may use it as evidence of your liability. However, fault is not solely determined by the citation. Other factors, such as the actions of the other driver, road conditions, and witness accounts, are considered when assessing liability. For example, even if you were cited for failure to yield, the other driver might have been speeding or distracted, which contributed to the accident. It’s important to gather as much evidence as possible to demonstrate the full picture of what occurred.
Contesting The Citation
You have the right to contest the moving violation in traffic court. Successfully disputing the ticket can strengthen your position in your car accident claim. If you decide to contest it, be prepared to present evidence, such as photographs, witness statements, or expert opinions, that contradict the officer’s observations.
Working With Insurance Companies
When filing your claim, provide the insurance company with all relevant details, including documentation of the accident and any medical records related to your injuries. Be truthful about the moving violation, but avoid making statements that assign blame to yourself.
Insurance adjusters may attempt to minimize your claim by pointing to the citation. Having solid evidence, including photos, witness statements, and repair estimates, can help support your case.
Seeking Legal Representation
If a moving violation complicates your car accident claim, consider seeking legal representation to help protect your rights. A knowledgeable attorney can analyze the circumstances of the accident, challenge the ticket if appropriate, and work to demonstrate the other driver’s role in the collision. Attorneys like those at Wandres Law, PC, can attest to the importance of challenging a citation when it could impact your ability to recover compensation. Legal guidance can help you navigate this process effectively. With a thorough approach, you can move forward confidently, even under challenging circumstances. Seek legal help after you have been injured in a car accident.