The vast majority of car accidents are caused by driver negligence. This can include a range of unsafe or reckless driving behaviors, from speeding and tailgating to distracted driving, drunk driving, or swerving in and out of lanes.
If the police officer at the scene determines that you were at fault for causing the accident, you will most likely get a ticket. However, if police cannot determine that you were violating the law at the time of the accident, they may not issue a ticket. Ultimately, it is up to the responding officer to decide whether sufficient evidence supports a traffic violation.
When am I More Likely to Get a Ticket?
The police officer who arrives at the scene of the accident may not issue a ticket simply because an accident occurred. For example, if the officer finds no clear evidence of a traffic violation or inclement weather conditions causing the accident, they may not issue a ticket to either driver. However, if there was evidence of the following car accident scenarios, one or both parties may be issued a ticket:
- Evidence of speeding. The skid marks on the road can determine this, the extent of the damage to the vehicle, the severity of the injuries involved, and statements from witnesses who saw the accident happen.
- Signs of impairment. If you demonstrate signs of impairment, you will likely be ticketed. In addition, you could face criminal charges depending on the impairment level and the accident’s severity.
- A traffic violation caused the accident. A range of traffic violations may warrant a ticket, including speeding, failure to yield, distracted driving, reckless driving, drunk driving, and driving the wrong way down a one-way street.
How Will a Ticket Affect My Insurance Claim?
If you violated the traffic laws at the time of the accident, police will likely issue a ticket. In some cases, you may get a ticket, even if you were violating the law, but it did not cause an accident. Regardless of whether you received a ticket, your insurance company will investigate the details of the accident and determine that you were at fault, even if the police did not issue you a ticket. Insurance companies determine fault based on the following factors:
- One or more motorists involved in the accident did not exercise caution while driving.
- One or more of the drivers’ negligent driving caused the accident.
- The car accident caused injuries and property damage to the driver, who was not at fault.
Insurance companies will likely resort to various tactics to avoid paying a considerable settlement, mainly if you were responsible for causing the accident. You should contact an experienced ticket lawyer who will protect your legal rights.
Contact Our New Jersey Ticket Lawyers at Ellis Law, P.C. Today
If you were issued a ticket after a car accident, contact our New Jersey ticket lawyers at Ellis Law, P.C. To schedule a free consultation, call us today at 732-702-6103 or contact us online. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.