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March 20, 2020 by Greg
In Houston, Texas, the odds of being in an injury accident while driving are more significant 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 congestion, driver distraction, and the sheer number of drivers on the roadway mean that an accident in Houston is not an uncommon occurrence.
After an accident, unless it is a fender bender, if the police come, the investigating officer will look at the facts, talk to witnesses and the other drivers, and make a preliminary determination as to fault, which can significantly impact the car accident case.
If the officer decides that an individual broke the law, the officer may write a traffic citation for that person. In Texas, if the property damages is over $1000, or the crash resulted in an injury or death, the officer must complete a crash report.
Sometimes, the officer may not issue tickets or may find more than one person partially at fault. Also, the officer may not determine fault due to conflicting statements and may decline to write any traffic tickets.
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 is a formal accusation that a driver has violated a traffic law. In the context of a car accident, a traffic ticket can be used as evidence to support a personal injury lawsuit. This means that if you receive a traffic ticket after an accident, it could be used to show that you were at fault, which can impact your ability to recover damages. Conversely, if the other driver receives a traffic ticket, it can strengthen your case by demonstrating their responsibility for the accident.
Click here to read an article we wrote about how to get a Houston accident report.
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 as to responsibility is contrary to the finding of a jury.
Sometimes, the officer’s conclusions as to the cause of the crash are admitted into court, and other times the officer’s opinions are excluded. Here is an article we wrote about the admissibility of testimony from an investigating officer.
In many cases, a traffic ticket can be used to establish fault in a car accident. If a driver is issued a traffic ticket for a violation such as speeding, reckless driving, or failure to yield, it can be used as evidence that they were responsible for the accident. This can be particularly important in cases where the other driver is injured or killed, as it can help determine who is liable for damages. For example, if the other driver was ticketed for running a red light, this could be a crucial piece of evidence in proving their negligence and securing compensation for your injuries.
A traffic ticket issued after a traffic accident can be used in court to establish legal liability and consequences. If the person who received the ticket pled 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.
If the person who received the ticket pleads “no contest” and pays the ticket, it probably will not come into evidence in a civil case from an auto accident injury. Punitive damages may be possible in cases like a drunk driving accident.
If you get a traffic ticket in an accident that resulted in an injury, you probably want to consult an attorney who handles 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 injured and believed the other party was more at fault, you should contact a personal injury attorney to discuss your rights and options.
Texas uses a comparative responsibility approach to personal injury lawsuits. In Texas, if you are in an accident and found higher 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.
If the other party was involved in a crash and received a citation, you probably want to monitor 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.
After a car accident, there are several procedures that 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 document the accident, interview witnesses, and assess the situation to determine if any traffic laws were violated. This initial report can be vital in building your case, as it provides an official record of the accident and any potential traffic violations.
There are several common scenarios in which a police officer may issue a traffic ticket after a car accident. These include:
In each of these scenarios, the police officer will typically issue a traffic ticket to the driver who is 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 is still possible for a driver to be issued a ticket later. This can happen if the police officer needs
If you were injured in an automobile accident in Harris County and have questions, consult the best automobile accident attorney in Houston 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 helps if you speak with an experienced personal injury attorney, not 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.
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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