Does a Traffic Ticket Determine Fault for an Accident?
Many states assign points for every type of traffic violation. The more points you get, the more likely you will have your license suspended. Mississippi does not use the driver’s license point system. However, moving violations will remain on your driving record for three years.
A traffic ticket can determine who is at fault for an accident. That is good if you’re filing a claim against the other driver. Of course, it can also work against you if you are held responsible for the accident. Because Mississippi is a comparative negligence state, you could share in the blame for the accident if both drivers get a ticket.
Reasons for a Traffic Ticket
When the police respond to the scene of an accident, they can issue a citation to one or both of the drivers. Even though the officer wasn’t a witness to the accident, they can decide about possible traffic violations. They could issue tickets for the following reasons:
- Speeding
- Failure to use turn indicators
- Running red lights or stop signs
- Failure to yield the right of way
- Passing at the wrong time or place
- Failing to maintain their lane
- Distracted driving or texting while driving
- Following too closely
There could also be more severe violations involving driving under the influence of alcohol or drugs, tickets for reckless and aggressive driving, or any one of these violations. Any one of these violations can contribute to determining who is at fault in an accident and can lead to license suspension.
Unrelated Violations
As mentioned, both drivers who are involved in an accident can receive a traffic ticket, but not all traffic tickets are related to the accident. Here are some other reasons a citation might be issued at the scene of an accident:
- Seat belt violations
- Expired registration or license plates
- No proof of insurance
Of those violations, not wearing a seat belt might be the most problematic to a potential insurance claim. If you were injured in the crash, the insurance company could argue that not having a seat belt worsened your injuries. That could be seen as a type of negligence. That can reduce the amount of your final settlement.
Those traffic tickets can also impact the cost of your insurance premiums. You could see an increase of anywhere between 10% and 25%. Traffic ticket information is shared between insurance agencies. It also includes traffic violations from outside of the state.
Determining Fault
Determining fault in an accident is something other than something you want to take on as a DIY task. This is the type of challenge that an experienced Jackson car crash attorney can help. That help begins with looking over all the evidence, starting with getting a copy of the traffic violation. Because these records are public, you could also look up any past violations for the driver who was involved in the accident. That can support a pattern of negligence.
In addition to the traffic tickets, your attorney will also gather police reports, photos, witness statements, damage estimates, and accident reconstruction. The goal is to establish conclusively who was at fault in the accident. If there is a shared liability, your attorney can help mitigate your part of that.
The Right Legal Advice
Car accidents in Jackson, MS can be quite catastrophic, causing life-altering impairments like spinal cord injuries, which can leave you with significant monetary losses. You need to include your immediate and future expenses when calculating your damages. Pittman, Roberts & Welsh can help you determine your losses and aid in assessing who was at fault for your collision.
The advice we provide will help you make an informed decision about the best way forward for your claim. That advice begins with the first consultation. Call to schedule the talk today.
