Available 24X7 Call For Free Consultation (281) 587-1111
Don’t Settle For Less!

How a Ticket Impacts an Auto Injury Case

Texas accident report

In Houston, Texas, the odds of being in an injury accident while driving are higher than not. Understanding how an accident ticket impacts an auto injury case could be crucial. If you were also involved in a car accident, talk with an attorney.

Traffic jams, distracted driving, and a high volume of cars on the road make accidents in Houston quite common.

After an accident, unless it is a minor one, the police will likely arrive. The investigating officer will check the facts. They will talk to witnesses and the other drivers. Then, they will make a first decision about who is at fault. This decision can significantly impact the outcome of the car accident case.

If the officer determines that an individual has broken the law, the officer may issue a traffic citation to that person. In Texas, if property damage exceeds $ 1,000, an officer must complete a crash report. This also applies in the event of an injury or death. You can find more information in the officer’s manual on how to complete a crash report.

Sometimes, the officer may not issue tickets or may find more than one person partially at fault. Additionally, the officer may be unable to determine fault due to conflicting statements and may decline to issue any traffic tickets.

Understanding Traffic Tickets and Car Accidents

Traffic tickets play a significant role in car accidents, as they can help establish fault and determine liability. When a police officer issues a traffic ticket, it means they believe the driver has broken a traffic law. In a car accident, a traffic ticket can help support a personal injury lawsuit. If you receive a traffic ticket after an accident, it may indicate that you were at fault. This can affect your chances of getting damages. If the other driver gets a traffic ticket, it can help your case. It shows they are responsible for the accident.

How Do I Get a Copy of the Crash Report?

Click here to read an article we wrote about how to get a Houston accident report.

How Does a Ticket Affect My Case?

The officer’s determination at the scene is not the ultimate decision as to who is at fault. A traffic violation can lead to a traffic ticket and significantly impact the case. There are many instances where the officer’s opinion regarding responsibility differs from the jury’s finding.

Sometimes, the officer’s conclusions about the cause of the crash are allowed in court. Other times, the officer’s opinions are not allowed. Here is an article we wrote about the admissibility of testimony from an investigating officer.

The Role of Traffic Tickets in Establishing Fault

In many cases, a traffic ticket can be used to establish fault in a car accident. If a driver receives a traffic ticket for speeding, reckless driving, or failing to yield, it can indicate that they may have caused the accident. This is especially important when the other driver is hurt or killed. It can help decide who is responsible for the damages. For example, if the other driver got a ticket for running a red light, this can help prove their negligence. It can also help you get compensation for your injuries.

Can a Traffic Ticket be Used in Court?

A traffic ticket issued after a traffic accident can be used in court to establish legal liability and consequences. When the person who received the ticket pleaded guilty, the court might allow the jury to hear about the plea. If the ticket was dismissed, generally, the court will not let the jury hear that a traffic citation was issued.

Suppose the person who received the ticket pleads “no contest” and pays the ticket. In that case, it will likely not be admissible as evidence in a civil case related to an auto accident injury. Punitive damages may be available in cases such as a drunk driving accident.

What Should I Do if I Was Issued a Ticket?

If you receive a traffic ticket after an accident that caused an injury, you should talk to a lawyer who deals with traffic tickets. Pleading guilty might allow the jury to hear about your ticket and the plea.

You may also want to contact your automobile insurance company and discuss your options. If you were hurt and think the other person is mostly to blame, you should talk to a personal injury lawyer. They can help you understand your rights and the options available to you.

Texas uses a comparative responsibility approach to personal injury lawsuits. In Texas, if you are in an accident and found more than 50% at fault, you will generally be barred from collecting damages.

If you are 50% or less at fault, your damages will be reduced by the percentage of your responsibility, as found by the jury. Briefly, unless you were greater than 50% at fault, you still may collect damages in Texas.

What Should I Do if the Other Party Got a Ticket?

If the other party was in a crash and got a ticket, you should check the status of that ticket. You also may be called to testify in court if the person contests the ticket.

If you are called to testify, you show up on the date you are subpoenaed or asked to appear and tell the truth. If you’re injured in the accident, you probably want to contact your injury attorney before testifying.

Post-Accident Procedures

After a car accident, several procedures must be followed. One of the most important is reporting the accident to the police. This is typically done by calling 911 or contacting the local police department. The police will then send an officer to the accident scene to take statements and gather evidence. The officer will write down details of the accident. They will speak with witnesses and inspect the scene. This helps them see if any traffic laws were broken. This initial report is important for your case. It gives an official record of the accident and any traffic violations.

Common Scenarios for Citation Issuance

There are several common scenarios in which a police officer may issue a traffic ticket after a car accident. These include:

  • Speeding: If a driver is found to have been speeding at the time of the accident, they may be issued a traffic ticket.
  • Reckless driving: If a driver is found to have been driving recklessly, such as by weaving in and out of lanes or failing to yield, they may be issued a traffic ticket.
  • Failure to yield: If a driver fails to yield to another driver or pedestrian, they may be issued a traffic ticket.
  • Running a red light or stop sign: If a driver runs a red light or stop sign, they may be issued a traffic ticket.

In each of these scenarios, the police officer typically issues a traffic ticket to the driver found to be at fault. This ticket can then be used as evidence in a personal injury lawsuit to establish fault and determine liability. It’s worth noting that even if a police officer does not issue a traffic ticket at the scene of the accident, it’s still possible for a driver to receive a ticket later. This can happen if the police officer needs

Consult an Auto Accident Attorney in Houston

If you were injured in an automobile accident in Harris County and have questions, consult the best Houston automobile accident attorney you can find for your case. Consulting an attorney after a traffic accident is crucial to understanding the legal implications and responsibilities. Whether a ticket was issued is one of the many factors a skilled attorney will use to evaluate the viability.

Most reputable car accident lawyers offer free consultations. It is helpful to consult with an experienced personal injury attorney, rather than a paralegal or staff member, for legal advice.

Contact the Baumgartner Law Firm for a no-obligation consultation about an injury accident.

Call 281-587-1111.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

Related posts

Post under: Laws and Rights
Houston personal injury lawyers
Greg Baumgartner, Founder of Baumgartner Law Firm

Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.

Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.

His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.

With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.


Baumgartner Law Firm 6711 Cypress Creek Pkwy, Houston, TX, 77069 Call Us at: (281) 587-1111

NEED HELP? HAVE QUESTIONS?

Get A Free Consultation

This field is for validation purposes and should be left unchanged.

Our Experienced Houston Personal Injury Lawyer Can Help!

(281) 587-1111