In a car accident, if you are an injured ticketed driver, getting help is going to be more difficult. When you find yourself injured as a result of a car accident, you may be grappling with physical pain, property damage, and the emotional trauma associated with such a calamity. Things can be further complicated if you are the one who got a traffic ticket after the accident because the police believed that you may have been to blame for your own personal injuries and emotional harm.
Understanding Comparative Negligence In Oklahoma
The State of Oklahoma follows the “comparative negligence” rule. This means that multiple parties can share the blame for an accident. If you’re an injured ticketed driver, this might indicate that you’re partially at fault. But here’s the crucial point: even if you’re partly to blame, you may still be able to recover damages via an insurance claim and/or a personal injury lawsuit. This happens if you’re not the party primarily at fault, and you’re one of the personal injury victims impacted by the situation as well.
According to Oklahoma law, if you are less than 51% at fault, you can still claim compensation. However, your compensation will reduce by the percentage of your fault.
Traffic Tickets And Fault Determination
While receiving a traffic ticket can indicate some evidence of fault, it doesn’t definitively determine liability in an injury claim. Determination of fault in a personal injury case is based on evidence of negligence. However, this may not align perfectly with traffic violations. Traffic citations can certainly influence the perception of fault, but they are not the sole determining factor. Ultimately, fault determination is based on a preponderance of the evidence, which means that it’s a judgment based on the totality of the circumstances and the available information. It’s important that you don’t miss this court date. If you do the court may issue a warrant for failing to pay.
What To Do After Receiving A Traffic Ticket In An Accident
If you are the injured ticketed driver, it’s critical to take several steps to protect your rights and potential claim. The first thing is that if the Police offer you the ticket and ask you to sign it that’s okay. Sign the ticket as your signature is not an admission of guilt. By signing the ticket you are agreeing to show up to court or pay the ticket. Once you show to court you can request a trial date and have your attorney argue the fault to the judge or a jury if you like. and it has a court date on it. You must appear on the court date and argue the case to the Judge and a jury if you like.
Seek Medical Attention Immediately
First and foremost, prioritize your health. Seek immediate medical attention and follow your healthcare provider’s instructions. Its seems obvious but is not always the case. If you have injuries and want the insurance company to pay the bill, you have to seek treatment. Sometimes injured people wait in hopes that the insurance company will step up and do the right thing. The problem with this is that the insurance company wont step up like you hope. They will look at the traffic ticket and assume that you are the at fault party. Its important, seek the treatment that you need.
Document the accident scene, your injuries, and any property damage. Photographs, eyewitness testimony, and medical records can be crucial pieces of evidence. Its critical to do this to win your case. I tell people to assume the case is going to trial. If this is what happens certain evidence is important to advancing your case. Remember, witnesses disappear or forget essential facts so get their names and addresses.
How A Personal Injury Lawyer Can Help
Even when you receive a ticket, a personal injury claim can potentially provide compensation. This can be your medical expenses, lost wages, pain and suffering, and other damages resulting from your accident. An experienced personal injury lawyer can:
Evaluate Your Case
A client-focused personal injury attorney can assess the accident, the fault, and the potential for compensation. Not all cases are compensable but even when you get the ticket there may be a path to help. An attorney understands that the law of comparative fault that may still afford you treatment for your injury. An attorney also gets that just because you got the ticket does not mean that you were actually at fault. Sometimes the Police show to an accident and don’t get the whole picture. This is where a traffic ticket attorney can step in and make right the misperceptions of the Police at the scene.
Gather And Preserve Evidence
Car accident attorneys can help gather critical evidence, like accident reports, medical records, and witness statements. This is important and will prepare the case for trial. Most cases do not end up in trial but yours can. If the insurance company denies the claim based on the ticket you could be out of luck. This is where an attorney with knowledge of personal injury can step in and save the case.
Negotiate With Insurance Companies
Insurance companies can be tough negotiators. This is even more so the case where you were Injured In A Car Accident and you got the ticket. Many times this makes the them feel as if they have the upper hand. Although the ticket acts as some evidence of fault an attorney in your corner can change the balance of power. Your attorney will work to ensure your rights are protected and strive to get you the maximum compensation you deserve as your car accident claim process unfolds.
Tulsa Injury Attorneys Near You
If you are an Injured Ticketed Driver you probably need the help of a personal injury lawyer. Getting a traffic ticket after an accident in Oklahoma doesn’t mean you can’t pursue personal injury damages if you’re injured. Remember that Oklahoma’s comparative negligence laws can still allow you to seek compensation, reduced by the percentage of your fault. If you’ve been injured in a car accident and received a traffic ticket, reach out to our experienced team at Kania Law Office at (918) 743-2233 or contact us online.