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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 jams, distracted drivers, and many cars on the road make accidents in Houston quite common.
After an accident, unless it is a minor one, the police may come. 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 greatly affect 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 property damage is more than $1000, an officer must complete a crash report. This also applies if there is an injury or death. You can find more information in 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 gives a traffic ticket, it means they think the driver broke a traffic law. In a car accident, a traffic ticket can help support a personal injury lawsuit. If you get a traffic ticket after an accident, it may show you were at fault. This can affect your chance to get damages. If the other driver gets a traffic ticket, it can help your case. It shows they are responsible 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 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.
In many cases, a traffic ticket can be used to establish fault in a car accident. If a driver gets a traffic ticket for speeding, reckless driving, or not yielding, it can show they caused the accident. This is especially important when the other driver is hurt or killed. It can help decide who is responsible for 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.
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 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 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 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 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.
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 write down details of the accident. They will talk to witnesses and check 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.
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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The Likelihood of Your Car Accident Case Going to Court
What is the Move Over/Slow Down Law in Texas?
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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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