400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
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Traffic Violations in Car Accident Cases
Traffic violations can significantly impact fault determination in car accidents. The most common citations and traffic violations we see that contribute to accidents include speeding, running a red light, inattention, and driving under the influence. These violations can help establish negligence and support a claim against the at-fault driver.
However, the relevance of the citation to the cause of the accident is a critical factor in fault assessments. Insurance adjusters, judges, and juries will examine the details of the crash to determine responsibility rather than solely relying on the presence of a traffic citation. If the at-fault driver was cited, this usually speeds up the initial settlement talks with the insurance company. Instead of arguing “who caused the wreck,” the next step in the negotiations is “what harm did the wreck cause.”
Can a traffic violation automatically determine fault in an Oklahoma City car accident case?
No, receiving a traffic citation does not definitively establish fault in a car accident in Oklahoma. While a citation can be used as evidence to support a negligence claim, insurance adjusters, judges, and juries will consider the details of the crash to determine responsibility.
How do police officers determine whether to issue a traffic citation after a car accident?
Police officers at the scene of an accident will investigate the circumstances surrounding the crash, interview the drivers and witnesses, inspect for tire tracks, and assess any visible evidence. Based on their findings, they may issue a citation if they believe a driver violated a traffic law that contributed to the accident.
Can a traffic violation lead to higher insurance premiums after a car accident in Oklahoma City?
Yes, a traffic violation related to a car accident can result in higher insurance premiums. Insurance companies assess risk based on driving history, and a violation may indicate a higher likelihood of future accidents, leading to increased premiums. In addition to potentially higher insurance premiums, Oklahoma DPS has a point system to monitor drivers.
How can a traffic violation impact my ability to recover compensation in a car accident claim?
Under Oklahoma’s modified comparative negligence rule, if you are found to be partially at fault for the accident due to a traffic violation, your compensation will be reduced by your percentage of fault. However, you can still recover damages if your fault is less than 50%.
Proving Traffic Violations in Oklahoma City Car Accident Cases
While the collision report is not admissible in court due to the “hearsay” rule, police reports provide a detailed account of the accident and are essential for insurance claims. In Oklahoma City, police reports are typically available within 7-10 business days after the accident, and there is a fee to obtain a copy.
Witness statements and video evidence can also be valuable in proving traffic violations. If the police report does not include a citation or contributing factor to the wreck (it’s common for officers to put “unknown cause,” but you believe the other driver committed one, an experienced attorney can help gather additional evidence to support your claim.
Accident reconstruction experts can also demonstrate how traffic violations contributed to the crash. These experts use scientific methods to analyze the accident scene, vehicle damage, and other factors to determine the cause of the accident and any contributing violations.
What if the police report doesn’t mention a traffic violation, but I believe the other driver committed one?
If you believe the other driver committed a traffic violation not mentioned in the police report, discuss this with an experienced car accident attorney. They can investigate the accident further, gather additional evidence, and consult with accident reconstruction experts to help prove the violation.
Can I still prove a traffic violation if there were no witnesses to my Oklahoma City car accident?
Yes, even if there were no witnesses to your accident, an attorney can help prove a traffic violation through other means, such as accident reconstruction, video evidence (e.g., traffic cameras or dashcam footage), and analysis of the accident scene and vehicle damage. In reality, the accuracy of the accident report doesn’t make a difference if there is enough evidence to prove liability in court.
Defending Against Alleged Traffic Violations in Car Accident Claims
Some key Oklahoma legal precedents and statutes clarify the law with traffic violations from car wrecks:
- Walker v. Forrester (1988 OK 102): Payment of a traffic fine without a guilty plea is inadmissible as evidence.
- 12 O.S. § 2803 (22): This hearsay exception allows for evidence to be admitted of convictions punishable by more than one year.
- Zumwalt v. Moran (1953 OK 223): A guilty plea to a reckless driving charge related to the incident is admissible in civil suits.
What should I do if I received a traffic citation after a car accident but it was unjustified?
If you believe your traffic citation was unjustified, consult with a traffic ticket attorney. This type of attorney is focused on criminal law matters, and they can review the evidence, help you challenge the citation, and protect your rights in traffic court proceedings.
The Impact of Driving Records on Personal Injury Cases
A history of traffic violations or accidents can negatively impact the compensation one might receive in a personal injury case. Insurance companies and juries may view a pattern of violations as evidence of habitual negligence, which can affect the claimant’s perceived credibility and adherence to traffic laws. In Oklahoma, driving records are maintained for three years, which means that past incidents within this timeframe can still influence the outcome of a case.
What should I look for in an attorney when facing a car accident claim involving a traffic violation in Oklahoma City?
When seeking an attorney for a car accident claim involving a traffic violation, look for a lawyer with experience handling similar cases, an understanding of Oklahoma traffic laws and personal injury statutes, and a proven track record of success. They should also be responsive, communicative, and dedicated to fighting for your rights and best interests.
Contact Hasbrook & Hasbrook for Experienced Legal Representation in Your Oklahoma City Car Accident Case
If you or a loved one has been involved in a car accident involving traffic violations in Oklahoma City, seek the guidance of an experienced personal injury attorney. At Hasbrook & Hasbrook, we protect your rights, maximize your compensation, and hold negligent parties accountable. Our team of skilled attorneys has a proven track record of successfully handling complex car accident cases and navigating the intricacies of traffic violations.
Don’t let a traffic violation jeopardize your ability to recover the compensation you deserve. Contact Hasbrook & Hasbrook today at 405-605-2426 for a free consultation, and let us fight for the justice you deserve.