How a Traffic Ticket Can Impact Your Accident Claim?

A car accident can be a stressful and overwhelming experience. If you were injured, you’re likely focused on recovering and getting compensation for medical bills, lost wages, and other damages. However, if a traffic ticket was issued at the scene, it could significantly impact your claim. Depending on who receives the citation and the type of violation, it may either help or hurt your case.

In New Jersey, specific traffic laws and insurance policies, such as the state’s no-fault system, influence how traffic tickets affect accident claims. 

This article breaks down how a traffic ticket can impact fault, court proceedings, and your ability to recover damages.

What is a Traffic Ticket?

A traffic ticket is a legal notice issued by law enforcement when a driver violates traffic laws. Tickets are generally categorized into two types:

• Moving violations include offenses like speeding, running a red light, reckless driving, or failing to yield, which can directly contribute to accidents.
  
• Non-moving violations – These include infractions like parking violations, broken taillights, or an expired registration, which generally do not affect fault in an accident but could still play a role in your claim.

Traffic tickets come with fines, points on your driving record, and potential increases in insurance rates. In New Jersey, accumulating too many points can result in license suspension or mandatory driving courses. While a ticket alone does not prove fault, it can be used as evidence when determining liability in an accident claim.

What Happens When You Receive a Traffic Ticket After an Accident?

If you receive a traffic ticket at the scene of an accident, it does not automatically mean you are at fault. However, it does create a record that insurance companies and attorneys will analyze. Here’s how different scenarios may unfold:

1. If You Receive a Ticket – Your claim could be challenged if you were cited for a violation that contributed to the accident, such as running a stop sign, following too closely, or distracted driving. However, if the ticket was for an unrelated issue, like an expired registration or seat belt violation, it may not impact your ability to recover damages.
   
2. If the Other Driver Receives a Ticket – This can strengthen your case, especially if the violation is directly linked to the accident (e.g., they ran a red light or were texting while driving). Your attorney may use the ticket as evidence of negligence to support your claim for damages.
   
3. If Both Drivers Receive Tickets – In cases where both parties are ticketed, New Jersey’s comparative negligence law applies. This means your compensation may be reduced if you are found partially at fault. For example, if you are deemed 20% responsible for the accident, your settlement may be reduced by 20%.

How a Traffic Ticket Can Impact Fault in an Accident

New Jersey follows a no-fault insurance system, meaning accident victims first turn to their Personal Injury Protection (PIP) insurance for medical expenses, regardless of who caused the crash. However, when pursuing additional compensation beyond PIP, fault becomes a key factor.

• Traffic Tickets as Evidence of Fault – While a traffic ticket alone does not determine fault, it can serve as strong supporting evidence. For instance, if a driver was cited for reckless driving and an accident occurred as a result, this could help prove negligence.
  
• Comparative Negligence in New Jersey – If both drivers share fault, New Jersey applies a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). This means you can still recover damages as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. If you are found to be more than 50% responsible, you may not be able to recover damages at all.

Can a Traffic Ticket Be Used Against You in Court?

In a personal injury lawsuit, a traffic ticket may or may not be admissible as evidence, depending on the circumstances.

• Admissibility in Civil Court – A ticket itself is not proof of negligence but can be introduced as evidence alongside witness statements, police reports, and other documentation. The defense may argue that a citation indicates fault, while your attorney can challenge its relevance.
  
• Impact of a Guilty Plea – If you pay the ticket without contesting it, you are essentially admitting guilt. This could weaken your claim in a lawsuit, as it may be used to suggest liability.
  
• Fighting the Ticket – If you believe the ticket was unfair, you can challenge it in court. If dismissed, it could remove a key piece of evidence against you in an accident claim.

Insurance companies and defense attorneys may use a traffic citation to argue that you were negligent, but it is important to remember that an experienced personal injury attorney can counter these claims by presenting other evidence such as accident reconstructions, surveillance footage, and witness testimony.

Practical Steps After Receiving a Traffic Ticket in an Accident

If you receive a ticket after an accident in New Jersey, here’s what you should do:

1. Do Not Admit Fault at the Scene – Remain calm and provide only necessary information.
2. Gather Evidence – Take photos, collect witness statements, and request a copy of the police report.
   
3. Consult an Attorney – A personal injury lawyer can advise whether to fight the ticket and how it may affect your claim.
   
4. Understand Your Insurance Coverage – Check your PIP policy and determine if additional claims against the at-fault driver’s insurance are necessary.
   
5. Consider Contesting the Ticket – If the ticket is unjustified, fighting it in traffic court may improve your chances of recovering damages.

In addition, staying informed about your driving record and ensuring compliance with all traffic laws can help prevent tickets from affecting future claims.

Contact Rosengard Law Group today for a free consultation if you need assistance. With the right legal representation, you can fight unjust citations, present strong evidence, and improve your chances of a favorable outcome.

Call us now at (856) 284-6446.