It’s bad enough to be involved in a car accident. It’s worse if you are cited with a traffic violation at the scene.
Traffic Citations and Who is “At-Fault”
If you are issued a citation at the scene of an accident by the police, it is pretty strong evidence that you were “at fault” for the car crash—especially if you were the only driver involved who was cited at the scene.
Being issued a traffic ticket does not mean that it is a completely foregone conclusion that you will be found to be at-fault for the accident, of course, but it is pretty damning evidence against you. It generally means that if the other driver was injured in the crash and he files a claim or lawsuit against you, your insurance company is probably going to settle the case as quickly as possible.
Because it is very likely that you will lose if your case goes to court. Being issued a traffic ticket for the car crash is very strong evidence that you were at fault for the accident.
But What If Both Drivers Got Citations?
If both of the involved drivers were issued a traffic ticket at the scene, both drivers will very likely be considered to be at least partially at fault for the accident. This does not mean, however, that both drivers will be found to have been equally at fault for the car crash.
In Louisiana, both drivers can be considered to be at fault for causing an accident. That is because Louisiana follows the legal theory of “comparative law.” When this theory is applied, it means that any compensation awarded to a person for his damages or injuries is reduced by the percentage by which that person was “at fault” for the accident. So, for example, if you have suffered $100,000 in damages, but the judge or jury found you to be 20% responsible for causing the accident, your award would be reduced to $80,000.
Judges and juries are not the only ones who apply the comparative fault law, however. Most insurance adjusters evaluating your claim will consider how much you were at fault for your accident when determining how much to offer you in an insurance settlement.
Quite frequently, it is in the realm of determining fault in situations like this (where more than one driver may have caused or contributed to the accident) that personal injury cases become complicated and contentious.
Helping Louisiana Drivers Get The Compensation They Deserve
If you or someone you love has been injured in a car accident, call us. We are experienced car accident and personal injury attorneys. We offer FREE consultations and we don’t get paid unless you win your case. We have offices in Baton Rouge, and we serve all of Southern Louisiana. Call (225) 465-1232 ToDay to schedule your free consultation.