Can You Recover Compensation After a Car Accident if You Got a Ticket?

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Handling the aftermath of a car accident can be overwhelming, especially when complicated by the issuance of a traffic ticket. Injured victims in Florida may wonder if this ticket disqualifies them from recovering damages for their injuries. Whether you received a citation for speeding, failure to yield, or another violation, understanding your rights is crucial in seeking the compensation you deserve.

Understanding Florida’s Comparative Fault Laws

In Florida, the ability to recover damages after an accident where you were partially at fault hinges on the state’s comparative fault rules. Under Florida’s comparative fault statute, an injured party can still pursue compensation even if they share some of the blame for the accident. However, the amount you can recover will be reduced by your percentage of fault.

For example, if the court determines you are 30% at fault because you received a ticket for not stopping at a red light, and your damages total $100,000, you would still be entitled to $70,000 in compensation.

Impact of Traffic Tickets on Liability

Receiving a traffic ticket does not automatically assign you complete liability for an accident. It does, however, serve as evidence that may influence the attribution of fault during the investigation or trial. Courts and insurance companies consider multiple factors when determining fault, and a ticket is just one component. Witness statements, accident reports, and other evidence will also play significant roles.

Steps to Take After Receiving a Ticket Post-Accident

Protecting your right to compensation involves being proactive and informed. Here are critical steps to follow if you find yourself ticketed after a car accident:

1. Do Not Admit Fault

It’s crucial to avoid making statements that might imply you accept full responsibility for the accident. Stay calm and discuss the incident factually with law enforcement and insurance adjusters.

2. Gather Evidence

Collecting evidence is key in building your case. Take photographs of the accident scene, your injuries, and any damages to vehicles involved. Also, obtain contact information from witnesses and make sure to keep all police and medical reports.

3. Consult with an Experienced Attorney

Consider consulting with a personal injury attorney who specializes in Florida car accident cases. They can help you understand the nuances of comparative fault and guide you through the complexities of filing a personal injury claim. A legal expert can challenge the implications of your ticket and work to minimize its impact on your compensation.

Common Misconceptions About Traffic Tickets and Compensation

Misconception 1: A Traffic Ticket Negates Eligibility for Compensation

As previously discussed, even with a ticket, you can pursue compensation thanks to Florida’s comparative fault rule.

Misconception 2: Going to Court is Always Necessary

Many personal injury claims are settled out of court. Skilled negotiation by an attorney can lead to a satisfactory settlement without needing a trial.

Misconception 3: If You’re Partially at Fault, You Cannot Win

Being partially at fault only reduces your compensation, it does not eliminate it. With proper legal representation, you can still secure a significant recovery.

Conclusion

Receiving a ticket after a car accident in Florida does not preclude you from recovering compensation for your injuries. By understanding the state’s comparative fault laws and taking strategic steps post-accident, you can protect your rights and seek a fair settlement. Remember, accessing the expertise of a seasoned attorney can significantly enhance your ability to navigate this challenging situation.

Call Now for a Free Consultation

Receiving a ticket after a car accident doesn’t mean you can’t recover compensation. With the right legal representation, you can challenge fault claims and secure the compensation you deserve.

Call Rosen Injury today at 954-787-1500 for a free, no-obligation consultation. Let me fight for your rights and protect your financial recovery.

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