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January 20, 2020 by Greg Baumgartner
Traffic tickets can affect personal injury cases sometimes. If you have been in a car crash and are ticketed for something relating to the cause of the crash, how you plead can impact a case.
If you plead guilty or are found guilty of that violation, the conviction probably will be admissible in the trial of the personal injury claim.
In some crash scenarios, multiple traffic tickets are issued. Some may relate to the causation of the crash, and others may refer to unrelated violations. Examples of unrelated violations would include not having automobile insurance and expired inspections.
When a defendant pleads guilty to a traffic citation, the violation and his plea should be admissible in a personal injury trial if the citation is related to the cause of the crash. When a defendant pleads no contest, the plea should not be admissible in a personal injury case. If the defendant is found guilty, it will be treated the same as a guilty plea.
If the plea is not admissible, that does not prevent the conduct from being heard by the jury. Such a case would prevent a jury from hearing about the ticket or plea.
If the person who caused the crash pled guilty to a ticket related to negligence causing the wreck, the chances are improved that the case will not have to go to court.
A plea of no contest means you admit the state’s charges against you. However, unlike a guilty plea, a plea of no contest may not be used against you in a subsequent civil damage trial.
Pleading no contest means you do not contest the charges against you. Still, the plea can’t be used against you and a personal injury trial.
If you suffered an injury due to an accident caused by the other driver, you might want to follow up with any traffic tickets that the other driver received. Sometimes, you may be asked to testify by the District Attorney.
If you are asked to testify or accept a subpoena, notify your personal injury attorney. If you do testify, you should be honest and forthcoming with your testimony. Speaking with your personal injury attorney in Houston, TX, can help you prepare for your testimony.
Often, a person is called to testify, and the trial never happens. Because the case is dismissed, the officer failed to show, or the court cannot try the number of cases they have on the trial docket that day. If the district attorney asks you to testify, consider asking whether the case will go to trial or if it might be dismissed.
A ticket can impact an auto injury case.
If your injuries are severe and your medical needs substantial, monitoring the criminal trial may be something your injury attorney may want to consider.
The fact is insurance companies defend cases every day when liability is clear. Often the dispute is about what “fair compensation” is. Nevertheless, in trying to avoid paying, the defense will question liability. It does not matter if the case is an auto accident, a semi-truck accident, or a motorcycle crash. Liability can be contested even in rear-end accidents.
Defense attorneys in Harris County, Texas, are skilled at defending cases and it starts with trying to shift responsibility to you. Texas is a comparative responsibility state. Any percentage of fault they can get on you reduces what the insurance company has to pay.
Contact the Harris County-based car accident law firm with a proven track record for a free consultation. Call (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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