If the Driver Who Hit Me Got a Ticket, Does This Mean I’m Entitled to Compensation?

Driver negligence is the leading cause of auto accidents in Florida. Driver negligence can take many forms, and some constitute violations of Florida law. If you were injured by a driver who broke the law, does this mean you are entitled to financial compensation? Find out from an experienced Florida auto accident attorney at Searcy Denney:

Drivers Who Cause Auto Accidents May Get Tickets for Various Reasons

Drivers who cause auto accidents may get ticketed for various reasons. In Florida (as in other states), both intentional and unintentional traffic violations can lead to citations that carry fines and other penalties. Some examples of common citations issued to drivers who cause auto accidents include:

• Driving under the influence of alcohol or drugs (either having a high BAC or being impaired)
• Ignoring traffic signs and signals (running a red light or stop sign)
• Speeding (either exceeding the posted speed limit or driving too fast for the conditions)
• Tailgating (following “more closely than is reasonable and prudent”)
• Violating Florida’s handheld cell phone law (including texting while driving)

These truly are just examples. From attempting to turn or merge without the right of way to driving a motor vehicle that is in “unsafe condition,” drivers who cause auto accidents may receive tickets for a wide range of other violations as well.

A Ticket is Not Proof of Liability

Receiving a ticket is not conclusive proof that a driver broke the law. When drivers receive tickets, they have the opportunity to defend themselves in court. In some cases, police officers issue unwarranted tickets, and when this is the case, ticketed drivers do not deserve to bear the costs that come with a violation on their driving record.

This means that a ticket is not proof of liability.

Since a ticket is not proof of liability, the fact that a driver involved in a collision received a ticket does not necessarily mean the driver was at fault. If the driver’s ticket was unwarranted—or if the driver received a ticket for something unrelated to the cause of the crash (i.e., leaving the scene of an accident)—the ticket will have no bearing on accident victims’ claims for financial compensation.

It is also important to keep in mind that the criminal justice and civil justice systems are completely separate. So, even if a driver who received a ticket is found guilty in criminal court, this does not mean that accident victims will receive financial compensation for their losses. Instead, to seek financial compensation, accident victims must file a civil claim with the help of an experienced Florida auto accident attorney.

Car Accident Victims May Be Able to Prove Driver Negligence Through Many Other Means

Ultimately, whether a driver receives a ticket is up to accident victims to prove their legal rights. This starts with proving fault in the collision.

In the vast majority of cases, this will involve proving driver negligence. While a traffic ticket may not be evidence of negligence, evidence of negligence can take many other forms. Depending on the circumstances of the accident and the specific violation involved, some examples of types of evidence that may be available include:

• Traffic or Surveillance Camera Footage – If there is footage of the at-fault driver speeding, tailgating, turning without the right-of-way, or using their phone, this footage could serve as strong evidence of liability.
• Eyewitness Testimony – Eyewitness testimony can also serve as strong evidence of liability in auto accident cases. If any witnesses can testify to seeing the other driver break the law, their testimony could play a key role in settlement negotiations or at trial.
• The At–Fault Driver’s Posts or Statements – If the at-fault driver admits to being at fault on social media, his or her posts could serve as strong evidence as well. If necessary, your Florida auto accident attorney will also be able to take the at-fault driver’s testimony under oath.
• Cell Phone Usage Data – If the driver who hit you was using his or her phone at the time of the accident, it may be possible to obtain the driver’s cell phone usage data to prove it.
• Receipts or Credit Card Statements – In drunk driving accident cases, receipts and credit card statements can often be used as evidence to prove that the at-fault driver was drinking before the accident.
• Forensic Evidence from the Accident Scene – Forensic evidence can play a key role in all types of accident cases. For example, tire marks can be used to prove a driver’s speed and when they applied the brakes (if they applied the brakes at all). Many other types of forensic evidence can also be used to prove liability.
• Accident Reconstruction – Accident reconstruction involves analyzing evidence and data to determine the events leading up to a collision. It is a proven science that is frequently used in serious auto accident cases.

These, too, are just examples. Once you hire an experienced Florida auto accident attorney to represent you, your attorney will be able to work quickly to gather any and all evidence that is available. After gathering the available evidence, your attorney will then be able to analyze the cause of the accident and engage an accident reconstructionist if necessary. If the driver who hit you broke the law, you deserve to be fully and fairly compensated—and, while you might not be able to use the driver’s ticket to prove it, there may be many other options for establishing your claim for just compensation.

Are You Entitled to Compensation? Find Out from a Florida Auto Accident Attorney at Searcy Denney

If you need more information about proving your legal rights after an auto accident in Florida, we encourage you to contact us promptly. For a free, no-obligation consultation with an experienced Florida auto accident attorney at Searcy Denney, call 800-780-8607 or tell us how we can help online today.