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It’s essential to understand the idea of fault if you want to recover compensation for your injuries after a car accident. Before you can claim any compensation, you and your lawyer will need to establish how the other driver or another party was responsible for the crash and your injuries. This can be challenging if the police issued a citation to you related to the accident. But it’s still possible.
Just because you received a traffic citation doesn’t mean you’re automatically barred from seeking compensation for your injuries. The police do not have the final say on civil responsibility for a crash.
The McAlester car accident lawyers at Edwards & Patterson Law have nearly four decades of combined experience helping crash victims recover compensation for their injuries. Our Oklahoma personal injury attorneys have recovered millions of dollars in compensation on behalf of car accident victims so that they can rebuild their lives. We care. We fight. We win!
To learn more about our services, call our office for a free initial consultation.
How Can a Citation Affect Your Injury Claim?
In any personal injury claim, the claimant must establish that the defendant was negligent and, therefore, should be held responsible for the claimant’s injuries. One way that injured Oklahomans establish negligence is using evidence from police accident reports. If the report indicates that the other driver was negligent in some way and received a traffic citation, it could be a key piece of evidence.
Traffic citations can also be used against injury victims in car accident claims. Depending on the facts of the case, a person may be cited for violating traffic laws, which could raise questions about their liability. This, in turn, could cause the insurer to dismiss their claim or reduce their compensation.
Does a Citation Clearly Demonstrate Fault in a Crash?
A traffic citation doesn’t necessarily demonstrate the fault for a person’s injuries in a car crash. A police officer could issue a citation for any number of actions unrelated to the cause of the crash.
In a personal injury claim, insurance adjusters determine the relevance of a traffic citation before deciding fault for a crash. If the insurer denies compensation based on their investigation and the injured person decides to file suit, then a judge and jury determine fault. In either case, the ticketing police officer doesn’t determine who can be compensated for the crash.
For example, the crash investigation may reveal that the injured driver’s vehicle had a burned-out headlight before the crash, and the driver received a citation for it. However, if the driver was injured after their car was struck from behind, the faulty headlight likely had nothing to do with the cause of the crash.
So, while a traffic citation may make a claimant look bad, additional context could show that the citation is irrelevant and that the other party bears the majority of the responsibility for the accident.
How Does Comparative Negligence Affect Compensation?
It’s important to know that a driver can be found partially responsible for a crash and still receive partial compensation for their injuries. In personal injury claims in which two or more parties share fault, Oklahoma uses a modified comparative negligence standard to determine compensation awards.
That means that under Oklahoma law, injured parties can recover compensation after an accident as long as they are less than 50 percent to blame for the crash. If a plaintiff were found partially responsible for a collision, their compensation would be reduced according to their percentage of fault, as long as they bear a minority of the responsibility for the accident.
For example, if you’re found 25 percent responsible for a car accident, your compensation would be reduced by 25 percent. A $10,000 award would be reduced to $7,500 in this situation.
What Other Types of Evidence Are Necessary to Establish Fault?
Except in cases where traffic citations clearly establish liability — such as drunk driving or running a red light — the citation itself rarely shows who is responsible for an accident. It’s also important to remember that a citation does not automatically mean the driver was guilty of the infraction.
Some other types of evidence commonly used in car accident claims are:
- Photos from the accident scene
- Eyewitness accounts
- Testimony from expert witnesses
- Your medical records
What Should You Do Following a Car Crash in Oklahoma?
If you’re involved in a severe car accident in Oklahoma, here’s what you should do after you call 911:
- Save any evidence you can from the accident scene. Take lots of pictures, especially of the damage to your vehicle, the damage to the other driver’s vehicle, and your injuries. Photographs of the surrounding area can provide meaningful context proving how the accident occurred.
- Get the names of any witnesses. Third-party witnesses can be extremely helpful in corroborating your account of the crash. If you see anyone nearby who might have seen the accident, ask for their name and contact information.
- See a doctor as soon as possible. If you aren’t taken to the hospital from the accident scene, see your own physician or go to a hospital or urgent care center right away. Delaying treatment could worsen your injuries and affect the amount of compensation you receive.
- Hold on to your medical records. Your medical records are essential evidence in a personal injury claim, so save all documents related to your injuries, including any bills for your medical treatment.
- Don’t talk to any insurance companies without talking to a lawyer first. Everything you say to an insurance company, even your own insurer, could be used to deny your claim or reduce your compensation. Avoid jeopardizing your claim by letting a lawyer handle all communication with the insurance companies.
- Hire a lawyer. With so much at stake after a serious accident, don’t try to handle your claim on your own. A lawyer can document your injuries fully and help hold the responsible party accountable for their negligent behavior.
Discuss Your Case with an Accident Lawyer for Free
Our Oklahoma car accident lawyers understand the physical, emotional, and financial toll a crash can take. If you’ve been injured, we can use our skills and experience to help get your life back in order.
For a free initial consultation, call Edwards & Patterson Law. Speak with one of our online chat operators, or visit our contact page today.
