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If you were injured in an accident and the other driver received a ticket, what does the ticket mean for your financial recovery? This is a common question and one about which there are a number of common misconceptions.

Using a Ticket as Evidence of Liability in an Auto Accident Claim

First and foremost, it is important to understand that a speeding or texting ticket will not directly result in the payment of financial compensation. Even if the other driver gets convicted, while the conviction could result in points, fines and a temporary license suspension for the other driver, it will not result in any payment to you. The driver’s traffic court case and your personal injury claim are entirely separate; and, in order to assert your rights, you will need to take legal action independently.
Second, assuming the other driver gets convicted, will this establish liability in your personal injury case? Many people are surprised to learn that the answer is, “No.” In fact, unless the driver pled guilty, the outcome of his or her traffic court case may not even be admissible evidence if your case goes to court. Additionally, even if the driver’s ticket is relevant, it will only be one piece of evidence in support of your claim for financial compensation. In order to prove your claim for damages, it will be necessary to present various other forms of evidence as well.

Other Ways to Prove that a Driver was Speeding or Distracted

When seeking financial compensation for an auto accident involving a speeding or distracted driver (beyond your Personal Injury Protection (PIP) coverage), there are three key “elements” that you need to prove:

• The other driver made a mistake (i.e. he or she was speeding or texting behind the wheel):
• The other driver’s mistake caused the accident; and,
• As a result of the accident, you suffered a “significant and permanent” injury.

In many cases, a speeding or texting ticket will only help establish the first of these three elements. While speeding and distracted driving are often factors in vehicle collisions, it is also possible that an accident could involve other factors. So, the fact that the other driver received a ticket does not necessarily prove that he or she caused the accident. However, there are several other ways to prove “causation” in these types of accidents, including:

• Skid marks at the scene of the crash
• The extent and location of the damage to each vehicle
• Eye witness testimony
• Traffic or surveillance camera video footage
• Cell phone records
• Other evidence obtained through a forensic investigation

In order to collect the evidence needed to pursue your case, it is important that you engage legal representation promptly. An experienced attorney will be able to quickly conduct a thorough investigation and ensure that you have the evidence you need to collect the financial compensation you deserve.

Speak with a Miami Auto Accident Lawyer for Free

If you have been injured in an auto accident in the Miami, FL area, we encourage you to contact us right away so that we can help you collect just compensation. To speak with one of our experienced personal injury lawyers about your case for free, please call (305) 265-2266 or inquire online now.