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If you receive a ticket prior to your car accident or after the police come to the scene of the crime, you may be wondering whether you are still able to file a car accident claim to recover compensation for medical expenses, lost wages, and more. Although receiving a traffic citation won’t necessarily mean you can’t file a claim, there are certain situations where it can hurt your claim in a negative way.
Types of Traffic Citation Tickets That May Affect Your Claim For Compensation
Not all traffic violations may indicate fault, but there are certain ones that may show that you played a role in the crash. Some examples of tickets that may negatively affect your claim include:
- Speeding
- Failing to yield
- Failing to come to a complete stop at a stop sign
- Distracted driving
- Following another vehicle too closely
More minor infractions, such as taillights not working or failing to display a license plate number, really have nothing to do with the cause of the crash. In these instances, such traffic violations would not impact your claim.
Determining Fault According to Comparative Negligence
Mississippi operates on a pure comparative negligence rule. This means that two drivers may be found to both be responsible for a crash, and thus they share fault. For instance, if one driver was found to have not put their blinker on, but another driver ran a red light, the first driver may be given 10% of the fault and have their total compensation reduced by 10% as well.
It is important to remember that traffic violations are just one piece of evidence that may be utilized following a car crash. If you have a traffic citation, it does not mean you cannot get compensation. They don’t necessarily paint the entire story of how the accident happened or who was at fault. To determine who was liable for the crash, your car accident attorney will work hard to gather other pieces of evidence, including:
- Eyewitness statements
- Video surveillance footage
- Accident reconstruction
- Photographs of the damaged vehicles
- Skid marks or road signs
Don’t Let A Ticket Stop You From Filing A Claim
When in doubt, always contact a seasoned car accident attorney who can review your case from the very beginning and determine how to pursue compensation on your behalf. Remember, just because you received a ticket right before or at the time of the crash does not mean you are at fault. Never admit you were responsible to the insurance company when filing a claim.
At Chatham Gilder Howell Pittman PLLC, our team of Mississippi car accident attorneys are your neighbors who just happen to be lawyers. We are committed to protecting the rights of those injured while providing each client with the care, compassion, and respect that they deserve.
Contact our team to learn more about your legal rights during a free case evaluation.
