Traffic citations can have a significant impact on the outcome of injury cases stemming from auto accidents. A traffic citation is essentially an admission of fault and negligence by the cited driver. This admission can make it much easier for an injury victim to prove liability and negligence in a personal injury lawsuit.
A traffic ticket can encourage an insurance company to pay larger amounts to an injury victim for the following reasons:
– Strengthens liability case – A traffic citation makes liability easier to prove. Insurance companies know fighting liability will be futile, so they may agree to higher settlements.
– Avoiding court costs – Paying more upfront can help insurance companies avoid lengthy litigation that racks up attorney fees and court costs.
– Risk of larger verdicts – If a case went to trial, the ticket could lead to much higher jury verdicts. Insurers may pay more to settle and avoid that risk.
– Encourages quicker resolution – With liability less disputable due to the citation, insurers are motivated to settle faster to save resources. Quicker resolutions often benefit the injury victim.
– Persuasive demand letters – Plaintiff attorneys can make more persuasive settlement demands by citing the ticket as evidence of clear liability.
So while a ticket legally obligates the driver, it gives insurers added motivation to accept greater liability and pay victims more in settlement negotiations or trials. Overall, the traffic citation puts injury victims in a much stronger position to obtain maximum compensation.
If the at-fault driver received a citation for something like speeding, running a red light, or reckless driving, it demonstrates they were driving unsafely and illegally. The officer issuing the citation determined the driver was violating traffic laws and driving negligently. This serves as strong evidence that the driver’s actions led to the accident and caused injuries. However, in cases such as an accident with a bus, where multiple factors might come into play, including the bus driver’s actions, road conditions, and potential mechanical failures, the process of determining liability can become more complex.
In most injury cases, liability hinges on proving the other driver was negligent and failed to exercise reasonable care on the road. If there are traffic citations in your injury case, this directly establishes negligence, rather than forcing the injury victim to prove it through extensive investigations, witness testimony, accident reconstructions, and complicated legal arguments.
The citation becomes a crucial piece of evidence in claims of negligence against the driver. It can persuade insurance adjusters to accept liability more readily and agree to fairer settlements for victims. Demand letters to insurance companies will be more effective when backed by a traffic citation showing clear legal fault.
If a case goes to litigation, the citation will be admissible in court to substantiate the allegations of negligence. The defense will have a much harder time disputing liability if their client was issued a citation by law enforcement. Savvy plaintiff attorneys will leverage the citation to obtain favorable rulings and verdicts.
However, traffic citations do not guarantee an injury victim will prevail in court or receive maximum compensation. The prosecution still has the burden of proving damages resulting from the accident. A skilled defense attorney may attempt to downgrade the impact of a citation by arguing there were other factors that caused the collision besides their client’s actions.
But overall, traffic citations provide a big boost to injury claims by simplifying the issue of liability. The admissions of fault and negligence make it much easier for victims to hold drivers accountable for accidents through personal injury lawsuits or insurance claims. When citations are issued, the responsible party usually recognizes their lack of defenses and seeks quicker resolutions that provide fair compensation to the injured party.
