Can I file a car accident lawsuit even if I was issued a ticket?

Can I file a car accident lawsuit even if I was issued a ticket?

When you’ve been in a car accident, there are a lot of factors at play. That is why it’s important to call the police immediately after the accident. Police are there to talk to all parties involved, assess damage, and analyze the situation. While injuries and property damage are a top concern, the police may also issue tickets at the scene. 

If either of the drivers has violated a traffic law, they can get a ticket. If you were issued a traffic ticket after an accident and you also have damages to recover, you may be unsure whether or not you can still get compensation for damages.

Yes, you can still file a car accident lawsuit even if you got a ticket. Plus, you can fight the ticket, which is an especially good idea if the ticket serves as evidence that you are at fault for the accident.

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Common Traffic Tickets After a Car Accident

Different tickets mean different things for a car accident lawsuit. Some tickets can affect the results and help prove you were at fault, which affects your ability to recover damages. 

Both the type of ticket and the details of the incident will help you determine whether or not you should pursue a lawsuit to recover the damages you’ve incurred.



Speeding is a common cause of accidents in the United States, and severe damages can happen at high speeds.A police officer doesn’t always need a speed gun to know that you are speeding.If an officer finds evidence that you were speeding during the car accident, you may be issued a ticket. 


Running a Red Light

Running a red light is always illegal and is a common cause of car accidents in the U.S., especially at major intersections. Unless the other driver also ran a red light or was violating another traffic law, this may lead to a determination that you were fully at fault for the accident.


Running a Stop Sign

Running a stop sign is another ticket that is commonly issued after a car accident. It is easy to get caught up in a song or other distraction and blow through a stop sign. While that is itself illegal, when this negligence causes harm to another driver, the results can be minor scratches to wrongful death. Either way, if police have evidence of this, you may be issued a ticket.


Going Down a Street the Wrong Way

Going down the street the wrong way is a traffic violation that will also result in a ticket after a car accident. In some cases, the driver simply made a mistake, but in other cases, impaired driving can cause this to happen. Going down a street the wrong way can cause a multi-vehicle accident, and head-on collisions can be devastating to all parties involved.


Refusing to Take a Chemical Sobriety Test

If a person is questioned for drunk driving after an accident, they have a right to refuse a chemical sobriety test. In Louisiana you are allowed to refuse this test. You will lose your license for six months if you refuse, but you can refuse.

With this ticket, you could face a license suspension or even jail time, in addition to paying for damages when you are at-fault


Failure to Wear a Seatbelt

Failure to wear a seatbelt is another ticket that can be issued after an accident. However, it should not affect the results of a car accident lawsuit and your ability to recover damages.If you don’t wear your seatbelt, you may be considered negligent in failing to protect yourself from the threat of a crash. Though, the new law does not immediately find you at fault for not wearing one, it just allows the insurance company to bring it up in trial as evidence, leaving the jury to decide what it means to your case. 



What To Do When You’ve Gotten a Ticket & Want to File a Lawsuit 

Car accidents can be complicated. There are often dozens of factors that influence the decision to award damages to one party or another. Both drivers may share fault, but even if you’ve gotten a ticket, you have the right to file a lawsuit. To get the best results possible, fight the ticket and work with a car accident lawyer.

Fight the Ticket

When you believe you’ve received a ticket in error after a car accident, you can choose to contest the ticket you’ve received. This includes appearing in court and providing evidence. If the ticket will affect the outcome of your car accident settlement, this may be the best path for you before filing a lawsuit.

Hire a Lake Charles Car Accident Lawyer

Whether you need help fighting a ticket you’ve received that could affect the outcome of your case and/or you need to file a car accident lawsuit with a ticket, The Johnson Firm is here to help you get the best results possible. We have deep experience and a history of success in legal issues surrounding car accidents.  Let us help you put your best foot forward to get the results you deserve.

Contact The Johnson Firm for Trusted Guidance

The Johnson Firm is here to discuss your case and answer any questions you have about your ticket and how it will affect your car accident settlement or your lawsuit if we have to take your case to trial to make sure you are fairly compensated. To get your consultation today, call 337-427-8961 or send our team a message now!

As a law firm with many practice areas, the Johnson Firm can not only represent you as you fight against a ticket in traffic court, but also pursue your claim for damages at the same time. You don’t need two law firms when you can have experienced representation all in one. 


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Every person deserves and experienced and compassionate lawyer to represent them in their personal injury claim. Choose a lawyer who isn’t afraid to take those to trial who try to deny or minimize your claim.

Our attorneys will thoroughly examine every detail of your case and fight to make sure your injuries are justly compensated. We have a passion for the truth and will challenge anyone who attempts to obscure it.