If the responding police officer cited you at the scene of your car accident, does it mean that you are at-fault? Although being issued a ticket is never a positive situation, if it happens to you at the scene of your car accident, there is no need to panic. Being cited by police for a traffic infraction does not necessarily mean your claim will be implicated negatively.
Continue reading to learn what you need to know about this topic, including how to protect yourself from liability after being injured in an auto collision.
Traffic Violations and Car Accident Claims
In most cases, a driver who is ticketed for a moving violation in relation to a car accident is typically deemed the at-fault party. So, if you received a ticket that is related to the car crash, and you want to make a claim or sue the other party involved for damages, you will most likely be unsuccessful. In fact, most personal injury law firms will turn down car accident injury cases if the claimant was issued a ticket in connection with the accident. But there are exceptions.
For instance, you can choose to contest the ticket, which would absolve you of having any fault in the accident. From there, you could likely move forward with a valid car accident claim. Or, if the other driver were also cited in the accident, there could be a chance for you to be less at-fault. In this case, you could be in a good position to make a claim by proving that the other driver was more to blame for the accident than you were.
Comparing Fault in a Car Accident
Indiana uses comparative fault analysis and comparative negligence to determine fault in an accident. Under the comparative fault legal principle, if an injured victim is less than 50% at-fault, they can still collect for their damages. Whereas comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent. So, fundamentally, if a driver is 49% (or less) at-fault, then they are most likely entitled to basic compensation. If they are 50% at-fault or more, then there is very little chance at being awarded compensation.
You Need a Car Accident Lawyer to Decide What’s Best for Your Case
If you are seriously injured after a car accident, and you strongly feel that the other party is to blame, retain the guidance of a licensed, board-certified Indiana car accident lawyer for advice. They have the acute knowledge of Indiana accident law and car insurance laws, and can determine whether or not your ticket has a chance of being dismissed, and you are in a good place to pursue legal action for your damages and losses.
Car insurance and car accident lawsuits are not something you should try to understand on your own, especially because you don’t have to. If you were recently injured in a car accident and cited at the scene, do not think you are automatically disqualified for making a claim. Talk to an experienced Indianapolis car accident lawyer who can take a closer look at your case and determine the best strategies for collecting compensation to cover your damages and losses.
Were you hurt in a car accident that was not your fault and now you are suffering financial hardships? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana car accident injury lawyer you can trust.
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