A traffic ticket by itself only alleges that the offender violated traffic laws or the rules of the road. If the offender pleads guilty to the charge, that plea may be used as evidence of the violation. As a result, the traffic ticket and guilty plea can help prove liability and collect damages from the ticket recipient if a car accident results from the violation.
When someone is involved in a car accident and receives a ticket for something that relates to the cause of the accident, how they plead can affect their case. When you plead guilty or are found guilty of this violation, the conviction will likely stand in the trial of the personal injury case. Examples would be following too closely, speeding up and not giving way.
Some crashes result in multiple traffic tickets, some related to the crash and some unrelated. Not having auto insurance and expired inspections are examples of unrelated infractions.
Are tickets admissible as evidence in auto accident lawsuits?
If the person to whom the ticket was issued pleads guilty or is found guilty at trial and the traffic violation was a factor in the accident, a court may allow the aggrieved party to present the guilty plea in a car accident trial as evidence. . If the charge is unrelated to the accident (for example, if the recipient was charged with driving with an expired license), the guilty plea probably cannot be entered into evidence.
That being said, if the defendant has not contested a traffic citation in traffic court, that plea cannot be used as evidence of liability in an auto accident lawsuit. So if you live, for example, in Arizona, always consult a Arizona Traffic Ticket Lawyer before entering any plea to a ticket following a traffic accident. If you insert the wrong plea or fail to defend yourself properly, you will more than likely be found guilty or take a plea which has more serious consequences if you also face a civil lawsuit for damages or injuries.
Are traffic tickets absolute proof of liability in a personal injury car accident lawsuit?
To collect damages for injuries or losses suffered in a car accident, an injured party must show that the other party acted negligently or wrongfully.
- The obligation is due to the injured party
- Did not fulfill his duty
- The cause of the accident was the direct and immediate result of the breakdown.
A guilty plea to a traffic ticket can help establish that the party had an obligation to follow the rules of the road. Yet, the plaintiff’s personal injury attorney must also prove proximate cause, proving that the proximate cause is related to the injuries and losses.
What happens if a party is found not guilty of the charges in a ticket?
Being found not guilty in a traffic ticket case does not guarantee that you cannot be held liable for damages in a car accident lawsuit. Criminal lawsuits require higher liability standards than civil auto accident lawsuits. Even if a party is exonerated from traffic violations, they can still be held liable for damages caused by injuries and property loss and be ordered to pay.
What if you are the one who received a ticket after the accident?
You can also be held liable if you were the person who received the traffic ticket. In this case, the same rules apply to you as to the defendant. You should consult with an experienced personal injury lawyer if you receive a ticket to determine how the ticket may affect your case.
If not, how can tickets be used in a car accident lawsuit?
Sometimes, after an accident, the police and other authorities investigating car accidents recreate the circumstances that led to the collision and summarize them in an accident report. These reports often help the attorney representing the driver who caused the accident to determine liability.
When the accused pleads guilty
When a defendant pleads guilty to a traffic violation, both the guilty plea and the violation should be admissible in a personal injury trial. If the defendant pleads no contest, the plea should not be allowed in a personal injury case. If the accused is found guilty, he will be punished in the same way as if he had pleaded guilty.
For example, if the prosecutor rejects the plea, the conduct is still on the table. This situation would ensure that the conduct, but not the ticket or the plea, would be heard by the jury.
What is a No Contest?
A plea of no contest admits state charges, but because it is not an admission of guilt, it cannot be used against you in a lawsuit for civil damages. Do not plead contest and this means that you have not contested the charge against you, and the plea cannot be used against you in any type of lawsuit.
What measures to take when the other driver is fined?
Following an accident caused by the other driver, you may need to follow up with the tickets the other driver received. If an accident happened in Arizona, then the arizona attorney may ask you to testify. Be honest and upfront with your testimony if you are asked to testify or accept a subpoena. If you testify, contact your lawyer. Your personal injury attorney can help you prepare for your testimony.
A person is often called to testify and the trial never takes place, either because the case is closed or the officer does not appear, or because the court cannot process the number of cases tried that that day. ask the neighborhood Chandler DUI Lawyer whether the case will go to trial or if it could be thrown out if you are asked to testify.
You might want to ask your injury criminal defense attorney in phoenix on the supervision of the criminal trial if your injuries are serious and you need serious medical attention.