After being involved in a car accident and reporting it to the police, getting a ticket in the mail is possible if there is evidence you broke a traffic law. However, it is impossible to say how long this could take. This is because many factors affect how long it takes for the police to gather information about the collision.
Being issued a citation does not necessarily prevent you from seeking compensation for injuries sustained. Also, tThe citation does not prove that the violation contributed to the collision, either, as police officers do not typically witness the accident firsthand.
A traffic violationticket assigns a certain amount of liability to the driver, affecting the amount of compensation available. Depending on the accident circumstances, a lawyer with our firm can help you mitigate the impact a violation hascharges against your case. They can also determine if or how much the traffic violation contributed to the crash.
Does Pleading Guilty to a Traffic Ticket Affect My Compensation Claim?
The other party and their insurers may use your traffic violationcitation as a means to deny responsibility for causing a crash. Our injury lawyers can discuss your possible contribution to the collision in a free initial consultation and offer advice about your ticket.
Being charged with a traffic violation does not automatically prevent you from recovering compensation. Under the pure comparative fault rule, both parties can share blame for a crash. However, the amount of payment you receive will be reduced by the percentage of responsibility you are apportioned for the accident.
To illustrate, a driver who is entitled to $100,000 worth of compensatory damages and apportioned 20 percent blame for speeding when the collision occurred, for example, would receive $80,000.
How Our Lawyers Can Help Your Case
The immediate aftermath of a collision is frightening and chaotic, especially if you were injured. It can be challenging to know the exact sequence of events that caused the accident with absolute confidence. While you reported the accident to the police, only to receive a traffic citation in the days following the collision further exacerbates the situation.
Our lawyers are ready to stand by your side and provide clarity about your situation. We can thoroughly investigate the accident and gather vital evidence to support your case.
From this, we can:
- Prove the other driver’s negligence contributed to the accident
- Help to refute or mitigate any accusations of fault against you
- Estimate the financial impact of the accident on your life
- Handle settlement negotiations
- Represent you at trial, if a favorable settlement is not offered beforehand
It is important to ensure you begin legal proceedings within three years in Suffolk County per CPLR § 214. The statute is effectively a deadline, after which it is generally unlikely you will be able to file a lawsuit.
What are My Options for Recovering Compensation?
Suffolk County follows the no-fault car insurance rule, meaning you can recover basic expenses for medical bills and wages to a certain point. However, if you sustained serious injuries such as those listed below, you may need to file a lawsuit against the other driver.
- Permanent limitation of use of a body part or organ
- Bone fracture
- Significant disfigurement or limitation of use of a body function or system
- Partial or full disability
While the list is not exhaustive, qualifying injuries entitle you to pursue compensation for all categories of losses, some of which are not available in a claim with your own insurance, for example:
- Current and ongoing medical bills and rehabilitation costs
- Lost wages and compensation for any impact on future earnings
- Pain and suffering, and inconvenience
- Property damage
If you are unsure whether your injuries qualify as ‘serious,’ it can be beneficial to seek legal advice for clarity about your situation.
What are the Different Types of Driver Negligence That Contribute to Car Accidents?
A study by the Insurance Information Institute (III) highlighted leading causes of road traffic crashes caused by negligent driver behavior, which includes the following:
- Distracted driving
- Driving while under the influence
- Fatigued driving
- Aggressive driving
- Failing to obey traffic signs and signals
- Failure to yield
- Driving in the wrong lane
While you may have received a ticket, it is possible the other party was also negligent. It is essential to bear in mind getting a ticket after an accident doesn’t mean you cannot secure compensationan award for your losses.
Call for a Free Initial Consultation with a Team Member
The legal team at Rosenberg & Gluck, L.L.P. works hard to get you the best outcome for your personal injury and is always at hand to answer your questions. We offer a free case review and provide our services on a contingency-fee basis.
To get started on your case, call us at (631) 451-7900 today.