The Impact of Traffic Violations on Car Accident Claims
Table of Contents:
- Introduction
- What Are Traffic Violations?
- Common Types of Traffic Violations That Lead to Accidents
- How Traffic Violations Affect Car Accident Claims
- Key Legal Concepts: Negligence, Liability, and Fault
- 5 Common Questions About Traffic Violations and Car Accidents
- What Evidence Is Needed to Prove Fault?
- Why Insurance Companies Use Violations Against You
- How a Personal Injury Lawyer Can Help
- Take Action with Roxell Richards Injury Law Firm
Introduction
When you’re involved in a car accident, one of the first things that comes under scrutiny is whether a traffic violation played a role in the incident. This detail, though often overlooked by drivers in the chaos of a crash, can dramatically influence the outcome of your case.
Whether you’re seeking insurance compensation or filing a personal injury lawsuit, a traffic violation, either by you or the other party, can be the tipping point in how liability is determined and how much money you receive. In this comprehensive guide, we’ll explore how traffic violations affect car accident claims and what you can do to protect your legal rights.
What Are Traffic Violations?
A traffic violation is any breach of local, state, or federal driving laws. These laws are designed to promote road safety and penalize negligent behavior. Traffic violations fall into two main categories:
- Moving Violations: These occur while the vehicle is in motion, such as speeding or failing to obey traffic signals.
- Non-Moving Violations: These include infractions like illegal parking or expired registration.
Common Types of Traffic Violations That Lead to Accidents
Below are some of the most frequently cited traffic violations that often lead to vehicle collisions:
- Speeding – Exceeding the posted speed limit reduces reaction time and increases the severity of crashes.
- Running Red Lights/Stop Signs – This often leads to dangerous T-bone collisions at intersections.
- DUI/DWI – Driving under the influence severely impairs judgment and control.
- Reckless Driving – Includes tailgating, weaving in and out of traffic, or racing.
- Illegal Turns or Lane Changes – Failing to yield or signal can cause side-swipe accidents or collisions with oncoming traffic.
- Distracted Driving – Texting, eating, or adjusting the GPS while driving takes attention off the road.
- Failure to Yield Right of Way – Common in roundabouts, merges, and intersections.
How Traffic Violations Affect Car Accident Claims
1. Determination of Fault
Traffic violations are often the primary indicators of fault in a car accident claim. Suppose one driver is cited for violating a traffic law. In that case, it becomes strong evidence that they acted negligently, and this can form the basis for holding them financially responsible for injuries and damages.
For instance:
- If a driver runs a red light and hits your car, their violation helps prove their liability.
- If you were speeding and rear-ended another vehicle, your citation could weaken your claim.
Insurance companies will closely examine any violations noted in the police report to decide how much (or how little) they will pay. A traffic citation could:
- Reduce your compensation
- Shift part or all of the blame onto you
- Result in claim denial altogether
Insurers aim to limit their financial exposure, and violations give them ammunition.
3. Comparative vs. Contributory Negligence
Depending on your state’s laws, your traffic violation may:
- Reduce your compensation (Comparative Negligence)
- Bar you from recovery entirely (Contributory Negligence)
For example:
- In Texas (a modified comparative negligence state), you can only recover damages if you’re less than 51% at fault.
- If you’ve found 20% at fault, your damages are reduced by 20%.
Key Legal Concepts: Negligence, Liability, and Fault
To understand how violations impact a car accident claim, it’s essential to grasp three key legal terms:
- Negligence – A failure to behave with the level of care that a reasonable person would exercise. Traffic violations often prove negligence.
- Liability – Legal responsibility for damages.
- Fault – The degree to which a person’s actions contributed to the accident.
5 Common Questions About Traffic Violations and Car Accidents
Yes, but your compensation might be reduced. Even if you were partially at fault, states that follow comparative negligence laws allow you to recover some damages.
Both citations will be considered in determining the allocation of fault. Each party’s liability percentage affects how much they can recover.
Yes. A citation typically results in higher premiums, especially if it’s tied to a collision. Even minor violations, such as failing to signal, can cause your rates to rise.
Absolutely. If you believe the citation was issued in error, a traffic attorney or personal injury lawyer can help you dispute it in court. A successful challenge could boost your chances of winning your accident claim.
What Evidence Is Needed to Prove Fault?
To strengthen your case, your legal team will gather a variety of evidence, including:
- Police Reports – These often include details about traffic violations and officer observations.
- Traffic Citations – These are official records that can indicate legal responsibility.
- Dash Cam or Surveillance Video – Footage of the accident can prove a traffic law was broken.
- Eyewitness Statements – Third-party accounts help verify who violated the rules.
- Expert Testimony – Accident reconstruction experts can analyze vehicle positions and speeds to determine the cause of the accident.
Why Insurance Companies Use Violations Against You
One of the first tactics an insurer will use is to point to your traffic violation as evidence that you were automatically at fault for the accident. Even if the violation was minor or had little to do with the crash, the insurance adjuster may argue:
- “You were speeding, so you didn’t have enough time to react.”
- “You rolled through a stop sign, which contributed to the collision.”
- “You didn’t use your turn signal, so the other driver was unaware of your intentions.”
This tactic is especially harmful in states that follow comparative fault rules, where your compensation is reduced based on the percentage of fault you bear. If they can pin even 30% of the blame on you, your payout drops by that percentage. In some states with modified comparative negligence, if you’re found to be 51% or more at fault, you may be barred from collecting any compensation at all.
2. They Use the Violation to Justify Claim Delays
“We’ve requested additional documentation from law enforcement.”
While some delays may be legitimate, many insurers intentionally slow down the process to frustrate claimants into accepting lower offers or giving up entirely. If you’re injured, out of work, and facing mounting medical bills, this delay can create immense pressure, which is precisely what the insurer is counting on.
3. They Offer Lowball Settlements Citing ‘Shared Fault’
Even if your traffic violation was unrelated to the actual cause of the accident, insurers will still use it to devalue your claim. They may offer you a settlement far below what you deserve and claim that your violation contributed to your injuries or damages.
For example:
- If you were not wearing a seatbelt (a traffic violation in many states), the insurer might claim that your injuries were partially your fault, even if the other driver caused the crash.
- If you were cited for something like expired registration, they might use it as a general indicator that you’re not a careful driver, casting doubt on your credibility.
These lowball offers are strategic. Insurers hope that you’re uninformed, overwhelmed, or unrepresented by an attorney, making you more likely to accept far less than your case is worth.
4. They Take Advantage of Self-Incrimination
Following a crash, many drivers make the mistake of speaking too openly to insurance adjusters, often trying to be honest or cooperative. However, any admission, even a casual one, can be twisted and used against you.
For instance, saying things like:
- “I guess I was going a little fast.”
- “I didn’t see the stop sign.”
- “I was in a rush to get to work.”
These kinds of statements can be used to bolster the insurer’s argument that your actions caused or contributed to the accident, even if you weren’t cited or even if those actions had nothing to do with the crash.
Important Tip: Never admit fault or speculate about what you could have done differently. Your only statement should be:
How a Personal Injury Lawyer Can Help
If a traffic violation is complicating your claim, you need a skilled personal injury lawyer on your side. Here’s how Roxell Richards Injury Law Firm can help:
We investigate every angle of the crash, from police reports to eyewitness interviews, to build a strong case that proves the other driver’s negligence.
Our legal team can challenge unfair citations and clear your name, helping preserve your right to compensation.
We deal directly with insurance companies and push back against their attempts to deny or reduce your claim due to a citation.
Take Action with Roxell Richards Injury Law Firm
If you’ve been in a car accident and traffic violations are making your case more complex, now is the time to act.
At Roxell Richards Injury Law Firm, we’ve helped countless accident victims navigate these challenges and achieve successful outcomes. We understand how to beat insurance companies at their own game and maximize your compensation, even when a ticket is involved.
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003