Posted by: Kisling, Nestico & Redick, LLC
Once you are in a crash, you probably ask yourself “will I get a traffic ticket?” Police do not issue tickets simply because a crash occurred. Sometimes collisions happen by accident and no one broke a law – or at least there is no immediate evidence of a violation. However, many accidents happen because you or another driver violated a traffic law. If officers have sound evidence that you broke a law, whether or not it contributed to the accident, they will write you a ticket for the violation.
You may worry that a ticket means you were at fault and stops you from recovering compensation after an accident. This is not true. A ticket does not prohibit you from seeking compensation from insurance or through a lawsuit if the other driver is mostly responsible for the accident and your injuries.
If you were hurt in an accident and received a ticket, contact the Ohio car accident lawyers of Kisling, Nestico & Redick at 1-800-HURT-NOW.
When You May Get a Ticket After an Accident
There are common traffic violations that lead to accidents and these usually result in traffic tickets. For instance, you may get a ticket if:
- There was evidence of speeding – The police may determine you were speeding through witness accounts, tire marks on the pavement, and/or the amount of damage caused by the accident.
- You rear-ended someone – If you rear-ended someone, it is likely because you were following too closely and/or speeding. The police often ticket for following too closely in this type of crash.
- You had to have broken a traffic law for the accident to have occurred – Some crashes, like head-on collisions on one-way streets, can only occur because a driver violated the law.
- You refused to submit to a chemical test – If the police notice signs of intoxication after an accident, they will ask you to submit to a chemical test. If you refuse, you can be ticketed and arrested for a DUI.
- You exhibited signs of inebriation or blow at or higher than a .08 percent – If you blow over the legal limit or there are signs that you are intoxicated or high, the police may arrest you and charge you with a crime.
Avoiding a Ticket After an Accident
Generally, it is safe to speak with the police following a collision. If you were in a minor accident and you are confident the other driver is at fault, it can benefit you to explain your side of the situation. However, there are circumstances in which you should limit your conversation or answers with the police. If you think there is a chance that you caused the accident, you may not want to provide a full statement to the police. Under the law, all you have to give the police is your name, driver’s license, vehicle registration, and proof of insurance. You have the right to tell the police you do not want to answer other questions or provide a statement at that time. If you do choose to answer other questions, never admit fault. Limiting your conversation can help you avoid a ticket, however, if the evidence is against you, an officer does not need your statement to ticket you.
Fighting a Ticket
You always have the right to fight a ticket. Whether or not you should argue against the ticket in court depends on the situation, your likelihood of winning, and the punishments for the ticket. If the ticket is for a violation that was not a major contributor to the crash, then it may be relatively safe to plead guilty and pay it. However, if pleading guilty to the ticket would make you look predominantly at fault for the accident, then it may be crucial for you to fight it in court. You should speak with an experienced car accident attorney soon after your accident to determine your best course of action.
A Ticket Does Not Prohibit You From Seeking Compensation
You may be worried that if you plead or are found guilty of a traffic violation related to your accident that you will not be able to seek a settlement for your car accident. This is not entirely true. Whether or not you can recover compensation for your property damage and personal injuries depends on who is responsible for the car accident, a determination made by the insurer or court.
Contact an Ohio Car Accident Lawyer for Help
If you were ticketed following a car accident, call the experienced Ohio car accident lawyers of Kisling, Nestico & Redick immediately. A ticket has the potential to affect your personal injury claim after a crash, yet it is not an automatic bar to recovering compensation.
To learn more, call us at 1-800-HURT-NOW or contact us online.