Burke Law

Proving Fault: Car Accidents and Citations

By Sean Burke on February 01, 2019

A car crashAuto accidents can be devastating, leaving those injured by the negligence of another driver with steep medical bills, lost wages, and other significant damages.

Proving fault in a car accident can mean the difference between a low settlement and being compensated fairly for a victim's injuries and property damage. At Burke Law, our auto accident attorneys are experienced in proving fault in car accidents using citations and other evidence for clients in and around Orange County, CA. If you have been injured in a car accident and would like help with your claim, please contact our legal team today.

Proving Fault Is Necessary

In most states, proving fault in a car accident is necessary to recover compensation for injuries and property damage. Whether going through the other driver's insurance or filing a lawsuit, proving fault is essential to getting the compensation the injured party deserves.

Gathering as much evidence at the time of the accident as possible, and any relevant information after, is an important component of proving fault. Citations are a valuable form of evidence and can be presented during a lawsuit or to insurance companies to help prove fault.

Citations Can Help Prove Fault

A citation, or ticket, is a document written by a police officer to give a person notice that he or she has committed a traffic violation. However, police don't always give citations at the scene of an accident, but typically will if they see evidence of a traffic violation.

Because citations are a form of evidence showing that a traffic law was broken, they are useful in demonstrating fault in a car accident. Citations can help show that the person who was ticketed acted negligently.

Types of Citations

Some common types of citations that may show that a driver was negligent and at fault in a car accident include:

  • Speeding
  • Failure to yield the right-of-way
  • Illegally driving on the shoulder
  • Running a red light or stop sign
  • Failure to signal when making a turn or changing lanes
  • Driving under the influence

Finding Out if Citations Were Issued

In order to find out if any citations were issued at the time of a car accident, the law enforcement agency who was at the scene of the accident should be contacted to obtain a copy of the police report.

Police reports from car accidents generally include details about the accident, including whether citations were issued. Police reports also include the officer's evaluation of the accident. The evaluation may state the officer's opinion of who was at fault, what may have contributed to the accident, and whether a driver's traffic violations were a cause of the accident.

An Auto Accident Attorney Can Help

Insurance companies notoriously try to give those injured in car accidents as little compensation as possible. Without the help of an experienced auto accident attorney, victims of car accidents may not get the compensation they deserve.

An experienced auto accident attorney can help gather evidence to prove fault and get injured clients the maximum settlement for their injuries.

Contact the Law Offices of Sean M. Burke

If you have been injured in a car accident, the attorneys at Burke Law can help you with your insurance claim or lawsuit. To schedule a case review, please call (949) 644-3434.

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