If you have been in a car crash and been issued a ticket you may be wondering if the ticket will influence your insurance claim for the accident. No, a traffic citation is not admissible in court in a personal injury trial.
The basis for a traffic ticket (what you did) can be used to demonstrate negligence by one or both drivers in a car crash claim. Sometimes, this provides a clear indication of who is liable for the accident. Running a red light or ignoring a stop sign demonstrates negligence and is a clear breach of the “duty of care” that all drivers have to prevent harm to themselves and others as a result of their driving.
However, the duty of care expectation means that even if the other driver ran the red or ignored the stop sign, you might also be cited, especially if you did not yield or check for oncoming traffic. While you may not bear the brunt of liability for the accident, you still neglected your duty of care which might affect the insurance claim.
One factor that could work in your favor is Wisconsin’s comparative negligence law. Under this law, both drivers can bear liability for an accident, but as long as you are less than 50% responsible for the accident, you can still file a claim to seek compensation for injuries and other losses. You can do this even if you also received a ticket. The amount of liability you bear for the accident will be deducted from the compensation amount. If you are determined to be 30% responsible for the accident, your claim amount will be reduced by 30%.
Insurance companies will look at additional evidence in their claim investigation. You can support your claim with additional evidence, such as road camera footage or witness statements. You should also be very careful about what you say and do after an accident and before the claim is settled since it could affect the outcome of your claim.
We hope this post helps you realize that there are many factors that go into determining a car accident claim and that traffic tickets are no reason to assume your claim will be denied. If you have been involved in a car crash, whether you have been cited for it or not, contact the car accident attorneys at Eisenberg Law Offices. We can help you manage the claims process and represent you in negotiations or court, if it comes to that.
Schedule a free case consultation by calling 608-256-8356 or emailing email@example.com to get started.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356