Can you get a ticket days after an accident? Yes, there are several reasons you may receive a ticket after an accident.
If you have been in an accident and have received a ticket, let our North Charleston car accident lawyer evaluate the potential impact on your injury claim.
Getting a Traffic Ticket Days After An Accident
Receiving a ticket days after a car accident can be alarming. You may be concerned that getting a traffic ticket indicates that your actions directly contributed to the accident. Some common examples of tickets that may be issued days after an accident include:
- Speeding: Exceeding the posted speed limit.
- Right-of-Way Violations: Failing to yield to other vehicles or pedestrians.
- Traffic Signal Violations: Running red lights or stop signs.
- Improper Lane Changes: Not signaling properly or changing lanes in an unsafe manner.
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or other substances.
- Distracted Driving: Using a cell phone, eating, or otherwise being inattentive to the road while driving.
Remember, the ticket you receive may not always be directly related to the accident itself. Authorities might issue citations for unrelated offenses discovered during the investigation, such as lack of insurance, drug possession, stolen property, or other violations. No matter what reason you are receiving a ticket days after an accident, you will want to discuss the matter with your lawyer to be sure that your rights are legally protected.
How Receiving a Ticket May Affect Liability
Receiving a traffic citation days after a car accident does not automatically establish liability, and it is important to understand how South Carolina’s negligence laws impact claim value. While the at-fault driver is often issued a ticket, innocent drivers can also receive citations, especially in cases where both parties share some degree of fault. This does not automatically bar you from pursuing an insurance settlement for your damages but can create complications for your claim.
Under the South Carolina Code of Laws, Title 15, our state operates under a modified comparative negligence system, which assesses the degree of fault for each driver and portions out the damages based on those percentages.
For example, if you are deemed 15% responsible for your car accident, you can only receive 85% of your full claim value. If someone is found to be more than 51% at fault, they will be barred from receiving any compensation.
If you receive a traffic ticket days after an accident, consulting with an experienced attorney is highly recommended. Your response to the citation may further affect your legal liability and potential future claims. Crafting a solid case of liability against the other driver can help minimize liability on your part and help to ensure you receive the maximum compensation possible under the law.
Reasons for a Delayed Traffic Ticket
Issuing a traffic ticket after a car accident can be delayed for various reasons. While straightforward accidents with obvious faults, such as a single-vehicle collision caused by distracted driving, may result in immediate ticketing, more complex scenarios often require further investigation by law enforcement. Accidents involving significant property damage, severe injuries, or multiple vehicles typically require more in-depth investigation and can result in delayed processing.
Law enforcement may need to take additional steps such as interviewing witnesses, reviewing traffic camera footage, conducting a thorough scene survey, and analyzing vehicle damage and other physical evidence. Assigning fault in these situations may prove challenging, especially in cases with multiple vehicles, contributory negligence from multiple drivers, limited witnesses, conflicting accounts, and uninsured or unlicensed drivers. These complexities can significantly extend the time it takes to issue a traffic ticket.
Important Deadlines For Car Accident Insurance Claims and Lawsuits
When you receive a ticket days after a car accident, you may not yet be worried about the importance of timing and deadlines for receiving your insurance settlement. However, getting a ticket could mean complications and further legal battles with insurance over liability and what you deserve to receive for your injuries.
The sooner you get started working on your case with an experienced car accident attorney, the sooner you will receive the financial relief you need and deserve to pay for your recovery and car repairs.
Starting to build your claim soon after an accident also gives you the best chance at fresh evidence and reliable witness testimony. This extra time can be used to build your case and present your demand letter with a thorough calculation of damages.
If insurance refutes your claim or tries to convince you to settle for less than what you deserve, you also have that additional time to negotiate without pressure and take your case to court, should it come to that.
Under the South Carolina Legislature Code of Laws, Title 15, Chapter 3, the statute of limitations for personal injury claims is generally limited to three years after the injury. There are certain exceptions to this deadline, but it is important to file as soon as possible to avoid any possibility of being barred from receiving compensation.
Contact a car accident attorney from Shelly Leeke Law Firm as soon as you can to get started building your case.
Do Not Let a Traffic Ticket Jeopardize Your Claim
Do not let a traffic ticket jeopardize your claim or impact your insurance rates. Even if you believe you were not primarily at fault, a traffic ticket can have serious consequences.
In addition to potential legal ramifications, traffic tickets can stay on your record for several years, negatively impacting your insurance premiums.
Protect your rights and seek legal guidance from the experienced team at Shelly Leeke Law Firm. Contact us today to schedule a free case consultation. We will answer your questions and help you determine the best way forward as you navigate this challenging situation.
