Can I file a lawsuit even if I was at fault for the car accident?

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at fault car accident Have you recently been involved in a car accident where you received a ticket? If you got a traffic ticket for violations related to that accident, it is still possible to file a car accident lawsuit. 

While a ticket doesn’t eliminate your ability to file a lawsuit, it may affect the outcome. If a traffic ticket can prove that you were 50% or more at fault for the car accident, under Georgia law, you cannot recover compensation for damages through a lawsuit.

If you are 50% or more at fault for the car accident and you have a ticket, you may choose to first contest the ticket then file a legal claim for damages. If the ticket doesn’t have much influence on the outcome of the car accident, you may decide to file a car accident lawsuit with a ticket as-is. 

Common Traffic Tickets During an Accident

After an accident, traffic tickets can be given out when there is sufficient evidence. Evidence may be skid marks on the road, the police’s video footage, or testimony from one or more witnesses. Traffic violations often cause accidents, which is why tickets can be a very influential factor in the outcome of the car accident and/or legal case.

Some of the most common traffic tickets that happen during an accident include speeding, distracted driving, reckless driving, running a stoplight, running a stop sign, or going down the street the wrong way.

Speeding

High speeds are a common cause of car accidents, as drivers that are hitting high speeds are clearly putting other drivers in danger. If a speeding ticket is given to one driver after the accident, he or she may be held responsible for most or all of the accident. 

In some cases, both drivers are speeding and are given speeding tickets. These types of cases can be more complex and may need a lawsuit to settle.

Distracted Driving

Georgia is cracking down on distracted driving as smartphones and mobile technology become more prevalent. With the introduction of the Hands-Free Georgia Act, it is unlawful for a driver to support any wireless telecommunication device or stand-alone electronic device with any part of their body while driving.

When one driver is given a distracted driving ticket, it may be used to prove the fault of the driver for the accident and any damages that are caused.

Reckless Driving

Reckless driving can come in a wide range of actions, including changing lanes too quickly, driving aggressively, and more. Reckless driving accidents can be a result of both drivers being aggressive with one another, which can spur the need for a lawsuit to settle the case and decide who is at fault for your car accident and for what. 

Other times, one driver is driving recklessly and causes an accident and is mostly or completely at fault.

Running a Stoplight

Whether it’s a major intersection or a small stoplight, a person that runs a stoplight can easily cause an accident. If two people run a stoplight and cause an accident with each other or with one or more other vehicles, it can cause even more damage. 

Running a stoplight is typically not a major traffic ticket unless an accident is involved. In an accident, it can prove the fault of that driver and make them liable for damages.

Running a Stop Sign

Just like running a stoplight, running a stop sign is typically not a big deal on its own, and it happens often. Most times, people are not caught and are driving on neighborhood roads while running stop signs. Other times, a driver may completely miss a stop sign and cause an accident, or two drivers may both run a stop sign.

What to Do If You’ve Received a Ticket After an Accident

If you’ve received a ticket after an accident, don’t panic – you have options. If you know that the other party also received a ticket, you may have an even brighter future. Regardless of the other driver, you can choose to contest the ticket and have it dismissed. 

As an alternative, you can file a lawsuit with a ticket and still win compensation for damages when you are less than 50% at fault. No matter the case, Mike Rafi is here to help you throughout the process.

Contest the Ticket

If you decide to contest the ticket, you need legal representation during your court hearing to build the strongest case possible and win. Schedule a free consultation with an Atlanta car accident lawyer to decide whether or not it is worth it to hire one to represent you during this contest. If getting the ticket reduced or dismissed would change the outcome of the case, this may be the best path.

File a Lawsuit with a Ticket

You may decide to file a lawsuit even with a ticket since it is possible to recover compensation as long as you are not more than 50% liable for the accident. You may file a lawsuit with a ticket after trying to contest it and losing, or you may simply file a lawsuit with a ticket that isn’t a deciding factor in your liability for the accident.

Get Help with Your Car Accident Lawsuit Today

No matter where you are in the process, Mike Rafi can help you pursue a car accident lawsuit, even if you were issued a ticket. He can help you decide the best path for your case and has a history of successful case results to prove his dedication and experience in this area of law. 

Get in touch with Mike today by calling 404-948-3311 or sending Rafi Law Firm a message to get your free consultation now!

2020-11-18T11:08:56-05:00