Proving Fault: Car Accidents and Citations
Proving fault in an auto accident means being able to demonstrate whose fault it was for a collision. The at-fault party’s insurance company will be responsible for paying damages to the accident victim; if legal damages are sought, the victim will seek a monetary award from the at-fault party. Attorney Stephen G. Charpentier has helped numerous auto accident victims in the Melbourne, FL area hold reckless drivers accountable.
Proving fault is not always cut and dry, but it is an essential part of the civil lawsuit process for car accidents. When moving violations and tickets are issued following a crash, it can potentially help you case. The legal team at Charpentier Law Firm, P.A. would like to explore this issue in a bit more detail.
Traffic Citations Issued in an Auto Accident
During an auto accident, a officer responding to the crash may write a citation for one or more motorists involved. These tickets would be for various types of traffic violations that may have contributed to a collision occurring. Some potential moving violations may include:
- Reckless driving
- Texting while driving
- Drunk/intoxicated driving
- Running a red light
- Failure to wear a seatbelt
Any citations issued will be included in the police report about the crash. This report will also include the date and time of the incident, statements from witnesses and those in the collision, and the opinion of the investigating officer.
Does a Citation Mean a Driver Was at Fault?
Not necessarily, though it can help.
If a traffic citation is issued for drunk driving, it might demonstrate that a driver was reckless and should not have been on the road in the first place. However, the nature of a collision may be more complicated than it seems on the surface.
Consulting the Police Report
We noted that police report will include citations issued as well as the opinion of the investigating officer about the crash. Note that the report contains an opinion in addition to the fact. The traffic citation may or may not be related to the cause of the accident according to the investigation officer. Opinions can vary, and it’s not unheard of for insurance companies to have a different assessment about the causes of an accident.
Additional Factors to Consider in an Auto Accident
In addition to tickets and traffic violations, the weather, the road conditions, and even the vehicles involved may have a role to play in an accident occurring as well as the injuries sustained during a collision.
Why an Auto Accident Attorney Is Crucial
As you might have noticed, auto accidents can be quite complicated legal matters, requiring serious consideration as to the cause and who is at fault. An experienced auto accent lawyer can look over the police report and other evidence of a crash and help you hold a reckless or negligent party accountable for their actions. We will be here for you in your time of legal need.
Speak with an Experienced Attorney
For more information about your legal rights and options after an auto accident, be sure to contact an experienced personal injury and accident attorney. The lawyers at Charpentier Law Firm, P.A. are here to help. You can reach our Melbourne office by calling(866) 615-7868, our Cocoa office by calling (321) 631-5446, and our Titusville office by calling (321) 308-8025.