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What impact do traffic violations have in a personal injury case?

Even the seemingly smallest of matters can turn out to have major consequences. In the legal system, this concept is often seen when a relatively small fact turns the outcome of a case.

For instance, Pottsville residents who have been involved in a car crash may learn that the other driver had been speeding at the time of the crash. In other cases, the other driver may have failed to yield or failed to stop at a stop sign.

Ordinarily, these actions by the other driver might only result in a citation being issued. Each state has several laws that govern motorists’ driving on public roads. When drivers violate these laws, they can be cited and fined by law enforcement.

However, when a crash occurs, the impact of the citation can be magnified. Even a seemingly minor citation can have a major impact in a personal injury action, such as when the other driver’s infraction caused a car crash that injured others. By presenting evidence of the other driver’s violation of the law, the injured party can prove that the other motorist was a negligent driver. Indeed, the violation of a state’s traffic laws typically creates a presumption of negligence on the part of the driver who violated those laws.

Accordingly, it is imperative to learn whether the other driver was cited for any traffic violations in connection with the crash. These violations can help establish liability for the crash, which is an essential part of what must be proven in the lawsuit. By establishing liability, the injured party can then obtain compensation from the negligent driver in the case.

Source: Findlaw, “Fault and liability for motor vehicle accidents,” accessed on July 16, 2016