Traffic Tickets And Wisconsin Car Crash Claims

 

Do Traffic Tickets Influence Car Crash Claims?

If you have been in a car crash and been issued a ticket you may be wondering if the ticket will influence your insurance claim for the accident. No, a traffic citation is not admissible in court in a personal injury trial. 

Duty of Care and Negligence in Car Crash Claims

The basis for a traffic ticket (what you did) can be used to demonstrate negligence by one or both drivers in a car crash claim. Sometimes, this provides a clear indication of who is liable for the accident. Running a red light or ignoring a stop sign demonstrates negligence and is a clear breach of the “duty of care” that all drivers have to prevent harm to themselves and others as a result of their driving.

However, the duty of care expectation means that even if the other driver ran the red or ignored the stop sign, you might also be cited, especially if you did not yield or check for oncoming traffic. While you may not bear the brunt of liability for the accident, you still neglected your duty of care which might affect the insurance claim.

Comparative Negligence in Wisconsin Car Crashes

One factor that could work in your favor is Wisconsin’s comparative negligence law. Under this law, both drivers can bear liability for an accident, but as long as you are less than 50% responsible for the accident, you can still file a claim to seek compensation for injuries and other losses. You can do this even if you also received a ticket. The amount of liability you bear for the accident will be deducted from the compensation amount. If you are determined to be 30% responsible for the accident, your claim amount will be reduced by 30%.

Other Factors That Could Influence Car Accident Claims

Insurance companies will look at additional evidence in their claim investigation. You can support your claim with additional evidence, such as road camera footage or witness statements. You should also be very careful about what you say and do after an accident and before the claim is settled since it could affect the outcome of your claim.

In general:

• DO NOT admit fault. You never want to admit fault in an accident, even if you believe your actions contributed to it. Let investigators and your attorney collect and examine the evidence. If you are at fault, it will become clear through the investigation. You may not be as at fault as you believe.
• DO NOT post on social media. Anything you post online can be used against you in an insurance claim, even if you maintain strict privacy settings. Do not risk your claim by posting anything about the accident, even if you think it is harmless or is an indisputable fact. Better safe than sorry.
• DO see a doctor. Always get evaluated by a medical professional after car crashes, even if you feel fine. There are many conditions and injuries that can appear weeks later. Not only does neglecting medical care put your health at risk, but it can also affect your accident claim. A check-up shortly after the accident provides a basis for proof that your injuries were a result of the accident and can help not only create this link but also be used to assess the real, financial costs of the accident on your life.
• DO consult a car accident attorney. Whether you are at fault or not, meet with a car accident attorney after the accident. Your attorney will be able to protect your interests, negotiate with the insurance company, collect and examine the evidence, and build the case to support your claim or reduce your liability.

Don’t Give Up Due to Traffic Tickets

We hope this post helps you realize that there are many factors that go into determining a car accident claim and that traffic tickets are no reason to assume your claim will be denied. If you have been involved in a car crash, whether you have been cited for it or not, contact the car accident attorneys at Eisenberg Law Offices. We can help you manage the claims process and represent you in negotiations or court, if it comes to that.

Schedule a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/traffic-tickets-and-wisconsin-car-crash-claims/.