Car accidents can lead to a range of consequences, from physical injuries to financial burdens. When a traffic violation occurs, it can play a significant role in determining who is responsible for the accident. In Pennsylvania, traffic violations are often a key factor when filing a car accident claim. Understanding how traffic violations affect these claims can help you better navigate the legal process and ensure that you receive the compensation you deserve. At, Gibson & Perkins, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Are Traffic Violations in Pennsylvania?
Traffic violations are actions that go against the rules of the road. These rules are in place to protect drivers, passengers, and pedestrians from harm. When a driver breaks these rules, they are committing a violation, which can range from minor to serious offenses. Examples of traffic violations in Pennsylvania include speeding, running a red light, failing to stop at a stop sign, and driving under the influence of alcohol or drugs. Some violations are considered more dangerous than others, but all can lead to accidents and injuries.
When a traffic violation is involved in an accident, it often becomes an important factor in determining fault. The driver who committed the violation is typically considered at least partially responsible for the accident. This can impact their ability to recover compensation and may also increase the amount of compensation owed to the injured party.
How Traffic Violations Affect Car Accident Claims
In Pennsylvania, the impact of traffic violations on car accident claims is closely linked to the concept of fault. When one driver is found to be at fault for an accident, they may be responsible for covering the damages suffered by the other party. This can include medical bills, property damage, and lost wages due to missed work. Traffic violations often serve as evidence of negligence, which is a key element in proving fault in car accident claims.
For example, if a driver was speeding at the time of the accident, this violation can be used as evidence that they were not driving safely. In this case, the speeding driver may be found at fault for the accident, and their insurance company may be required to pay for the damages. Similarly, if a driver runs a red light and causes an accident, this violation may be used to show that they were responsible for the crash.
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Traffic violations can also impact car accident claims in other ways. In some cases, multiple drivers may share fault for the accident. Pennsylvania follows a modified comparative negligence rule, which means that a driver can still recover compensation as long as they are not more than 50 percent at fault for the accident. However, the amount of compensation they can receive will be reduced based on their percentage of fault. For example, if a driver is found to be 30 percent at fault for an accident, their compensation will be reduced by 30 percent.
Common Traffic Violations That Lead to Car Accidents
Certain traffic violations are more likely to lead to car accidents than others. Some of the most common violations that can result in accidents include speeding, distracted driving, running red lights, failing to yield the right of way, and driving under the influence of alcohol or drugs. Each of these violations creates dangerous situations on the road and increases the likelihood of an accident.
Speeding is one of the most common causes of car accidents in Pennsylvania. When a driver exceeds the speed limit, they have less time to react to hazards and are more likely to lose control of their vehicle. Speeding also increases the severity of accidents, as higher speeds lead to more forceful impacts. Distracted driving, which includes activities such as texting or talking on the phone while driving, is another leading cause of accidents. When a driver is distracted, they are not fully focused on the road, making it difficult to avoid accidents.
Driving under the influence of alcohol or drugs is another major cause of car accidents in Pennsylvania. When a driver is impaired, their ability to make sound decisions and react quickly is significantly reduced. This makes it much more likely that they will cause an accident. Running red lights and failing to yield the right of way are also common traffic violations that can lead to accidents. These actions put other drivers and pedestrians in danger and can result in serious collisions.
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Proving Fault in Pennsylvania Car Accident Claims
When a traffic violation is involved in a car accident, it can serve as strong evidence of fault. However, proving fault in a car accident claim requires more than just showing that a violation occurred. In Pennsylvania, you must be able to demonstrate that the other driver’s actions directly caused the accident and the resulting damages. This can be done through a variety of evidence, including police reports, witness statements, and accident reconstruction.
Police reports are often the most important piece of evidence in car accident claims. When an officer arrives at the scene of an accident, they will document the events leading up to the crash and may issue a citation if a traffic violation occurred. This citation can be used to show that the other driver was at fault for the accident. Witness statements can also help support your claim by providing additional details about how the accident happened.
Accident reconstruction is another method that can be used to prove fault in a car accident claim. This involves using physical evidence from the scene, such as skid marks and vehicle damage, to recreate the events of the accident. Accident reconstruction can provide valuable insight into how the crash occurred and who was responsible.
How Traffic Tickets Impact Car Accident Settlements
When a traffic violation is involved in a car accident, the at-fault driver may receive a traffic ticket. While the traffic ticket itself does not determine fault in a car accident claim, it can still have an impact on the settlement process. If the at-fault driver is issued a ticket, their insurance company may be more likely to settle the claim quickly, as the ticket serves as evidence of their negligence.
In some cases, the at-fault driver may try to fight the traffic ticket in court. If they are successful, this could weaken your car accident claim, as the traffic violation would no longer be part of the evidence. However, even if the driver fights the ticket, there may still be other evidence that can be used to prove fault, such as witness statements or video footage from nearby cameras.
It is also important to note that traffic tickets can affect the amount of compensation you receive in a car accident settlement. If the at-fault driver was cited for a serious violation, such as reckless driving or driving under the influence, this could increase the value of your claim. The more serious the violation, the more likely it is that you will be awarded higher compensation for your damages.
The Role of Insurance in Traffic Violation-Related Car Accident Claims
In Pennsylvania, car accident claims involving traffic violations are typically handled through the insurance companies of the drivers involved. Pennsylvania follows a no-fault insurance system, which means that each driver’s insurance company is responsible for covering their own medical expenses and lost wages, regardless of who was at fault for the accident. However, in cases where a traffic violation leads to serious injuries or property damage, the at-fault driver’s insurance may be required to cover the additional damages.
When a traffic violation is involved in a car accident, the at-fault driver’s insurance company may attempt to downplay the role of the violation in causing the accident. They may argue that other factors, such as weather conditions or road hazards, contributed to the crash. This is why it is important to have strong evidence, such as a police report or witness statements, to support your claim.
If the at-fault driver’s insurance company denies your claim or offers a low settlement, you may need to file a lawsuit to recover the compensation you deserve. In these cases, having legal representation can be crucial in ensuring that your rights are protected and that you receive fair compensation for your damages.
Seeking Legal Help for Car Accident Claims Involving Traffic Violations
Navigating the legal process after a car accident can be overwhelming, especially when a traffic violation is involved. It is important to understand your rights and options when filing a car accident claim in Pennsylvania. A traffic violation can significantly impact your ability to recover compensation, but with the right legal guidance, you can increase your chances of a successful claim.
At Gibson & Perkins, PC, our experienced legal team is here to help you navigate the complexities of car accident claims involving traffic violations. We understand the challenges that come with proving fault and securing fair compensation, and we are committed to providing the guidance and representation you need. If you have been injured in a car accident in Pennsylvania, contact Gibson & Perkins, PC today to discuss your case and learn more about how we can help you pursue the compensation you deserve.