Your driving record is one of many factors that can affect your personal injury claim after a car accident. If your record shows a history of accidents, traffic violations, and tickets, negotiating an adequate settlement may be an uphill battle.
To justify reducing the value of your claim, insurance adjusters may attempt to use your driving record against you to show you might be at fault instead of another driver. Read along to learn more about traffic citations vs criminal charges, the potential impact of a traffic citation in proving fault in a car accident, and ways to dispute a traffic citation.
Traffic Citation vs Criminal Charge
There are two types of traffic tickets: civil and criminal. Civil traffic violations include minor offenses that typically result in fines and do not incur jail time. Criminal traffic violations, on the other hand, involve more serious offenses and can include jail time, larger fines, and a criminal record.
Violations that result in civil traffic tickets include:
- Speeding
- Failure to yield
- Making an illegal turn
- Distracted driving
- Parking violations.
Violations that result in criminal traffic tickets include:
- Driving without insurance or a license
- reckless driving
- hit-and-run accidents
- DUIs resulting in another person’s death or serious injury
- vehicular homicide.
While many traffic violations remain civil infractions, they can escalate into criminal charges in certain cases. Seek legal counsel from our traffic accident lawyers, and during a free consultation, we’ll discuss traffic citations vs. criminal charges in South Carolina in more depth.
Consequences of Getting a Traffic Citation
Depending on the reason for the citation and if the driver has previous tickets, they could have long-term repercussions. According to the South Carolina Department of Motor Vehicles, certain traffic violations have points assigned to them. Does a citation go on your record in South Carolina? Yes, your driving record contains all the convictions and points charged against you, regardless of which state you were in at the time of the ticket.
Paying a traffic citation means you plead guilty, which goes onto your record as a conviction. First-time traffic citation offenders could pay a fine, get their license suspended, or face up to 30 days in jail. Repeat offenders could have harsher penalties.
Traffic Violations That Lead to Accidents
Traffic violations mainly contribute to car accidents, resulting in injuries, fatalities, and property damage. Awareness of the common violations that often lead to car accidents and taking proactive measures to address them promotes road safety.
Traffic violations that can trigger a collision are:
- Distracted driving: This includes various situations that draw the driver’s attention away from the road ahead, such as using the phone while driving, eating, or having conversations with passengers that divert attention from driving.
- Speeding: Traveling at a higher speed reduces your reaction time to hazards that appear in your path. As a result, your car will take longer to reach a complete stop when the brakes are applied. Speeding also makes it much more likely that you will lose control when turning or merging lanes.
- Tailgating: Driving too closely behind another vehicle increases the risk of rear-end collisions and is a leading cause of accidents.
- Running red lights and stop signs: When drivers run a red light or stop sign, they are likely to collide with other vehicles that assume they have the right of way. T-bone collisions are often the result of drivers failing to stop at red lights and traffic signs.
- Failure to yield: Failure to yield the right of way at intersections or when merging into traffic can lead to T-bone accidents and rear-end collisions.
- Improper lane changes: Failing to use turn signals or changing lanes without checking blind spots can increase the risks of sideswipe accidents.
- Driving under the influence (DUI): Alcohol and drugs affect a driver’s ability to concentrate and control the vehicle. When intoxicated, drivers tend to misjudge driving distances, fail to notice traffic signals, and have a slow reaction time, increasing the likelihood of accidents.
Traffic law violations often correlate to collisions, highlighting the urgent need for awareness and adherence to traffic regulations. Grasping this chain reaction of driving behaviors that lead to dangerous situations provides valuable insights into preventing crashes and enhancing overall road safety.
Does a Traffic Ticket Prove Liability in a Car Accident?
Does a traffic citation go on your record and can it be used to establish fault for a car accident? A traffic ticket is not the conclusive authority on who is responsible for the accident; however, it could hold significant weight in some instances. Under South Carolina Code § 15-38-15, drivers who share fault in an accident could still be eligible for compensation if they are less than 50% to blame. Compensation would be reduced, depending on the percentage of fault.
Aside from a traffic citation, other factors taken into account when determining fault in a car accident are:
- Road conditions at the time of the accident.
- Traffic camera or dashcam footage
- Testimonies from witnesses and accident reconstruction experts
- The official police report
- Photos or videos of the accident scene
- Circumstances out of the driver’s control may have contributed to the accident.
In South Carolina, a traffic ticket is only admissible if the driver pleaded guilty in court or paid the fine. If they pleaded not guilty or no contest, the citation can’t typically be introduced as evidence and isn’t grounds for proving that the traffic violation directly caused the car accident. It’s important to work with a personal injury attorney who will not only rely on a traffic ticket but can also help gather evidence. Determining fault in a South Carolina car accident case takes more than pointing to a traffic citation. A thorough, well-documented case built around the full scope of evidence is often required.
Disputing a Traffic Ticket
When it comes to disputing a traffic citation, claiming ignorance rarely ever works. Drivers are required to follow and have a basic comprehension of traffic laws in South Carolina. Saying you weren’t aware of the speed limit or didn’t know your lane change was unlawful will not help with getting your citation dismissed. It’s important to remain honest and avoid exaggerating events when disputing your traffic citation. Falsifying an urgent situation or emergency as a reason for your traffic citation will not be a viable excuse.
Witness statements from passengers, drivers, or bystanders who can confirm your story can be a valid argument and evidence that can be used to defend against a traffic citation. Footage from a traffic camera or a dash cam can show where your car was in relation to the citing officer at the time of the citation. For example, this footage could prove that the citing officer could not have seen you run a red light because they were too far behind to see clearly.
Be sure to take the photos soon after the traffic stop, at the same time of day of the citation. A snapshot of an overhanging limb obscuring a speed limit sign or a traffic signal not functioning correctly can prove that your citation was a mistake of fact and that these hindrances were out of your control. You must be cautious with your wording during a traffic citation hearing because anything you say could be held against you if you decide to file a lawsuit in the future. To dispute a traffic citation related to your accident, don’t apologize, as this could be used as an admission of fault.
A well-versed car accident lawyer becomes indispensable when disputing a traffic ticket after a car wreck. It’s possible for a traffic citation to be contested in court by presenting additional evidence or testimonies that shed light on the events leading up to the car accident differently. Our auto accident attorneys can work on your behalf to clarify or contest the reasons behind your traffic citation.
Get in Touch with Our Car Accident Attorneys
Receiving a traffic citation doesn’t mean that you are legally liable for the collision. Our car accident attorneys in Greenville, South Carolina, can assist you with ascertaining the at-fault parties and evaluate the strengths and weaknesses of your claim.
For more information or a free case evaluation, call us at (864) 233-8888 or fill out our contact form.
