If the police determine that you violated a traffic law when they respond to your car accident, you may receive a traffic ticket. Regardless of who bears the fault for an accident, drivers may receive a ticket if the police find that they violated a traffic law before the accident occurred.
Likewise, if neither party violated a traffic law, neither should receive a ticket. For example, if a defective traffic light led to an accident, the police may not find either party to have been in violation of a traffic law.
In some instances, police may even cite a victim for a non-moving violation, such as not carrying their driver’s license. In rare instances, the police will forego issuing a traffic citation.
You Should Always Report a Car Accident
Usually, victims of a car accident will call the police to the scene to investigate the crash. Even if you believe you are at fault for an accident, you should call the police. The police can help you verify the other driver’s insurance information, and their crash report can help insurance adjusters validate or deny a claim for compensation.
If you do receive a ticket at the scene of the accident, it may not prevent you from obtaining compensation through an insurance claim or personal injury lawsuit. Every case is different, and an insurance adjuster or lawyer may find you only partially liable for your losses, which may still enable you to seek compensation.
Laws on Reporting Car Accidents
Nevada mandates that you call the police and report your accident if it resulted in bodily injury, death, or more than $750 of property damage. Keep in mind that a lawyer can also help you challenge an insurance adjuster’s determination of fault by conducting their own investigation. Regardless, the police report will be an important document for your case.
You can access the police report form and fill it out here if you’re unsure if the officer filed one: Nevada DMV Report of Traffic Accident Report (SR-1).
For a free legal consultation, call (702) 633-3333
Traffic Violations That Could Lead to a Citation
Some examples of traffic violations that police can issue a citation for include:
- Driving while under the influence of alcohol or other substances
- Improper turns
- Turning without signaling
- Failing to yield the right of way
- Failing to come to a complete stop at a stop sign
- Speeding, especially when driving through a school zone
- Failing to yield to a stopped school bus
- Distracted driving
- Running a red light
- Driving too slow
- Merging without using a signal
- Illegal U-turns
- Driving with a broken tail light
- Driving uninsured
- Driving without a license
These traffic violations may have played a role in your car crash, or they may have been unrelated, such as receiving a ticket for not having your license on hand.
How Insurers View Traffic Tickets
Whether you are making an insurance claim through your own provider or the other driver’s, an insurer may try to use your traffic ticket to undervalue or deny your claim.
They can use it to demonstrate that you were at fault for the accident, establishing that you are the liable party. Even if you were only partially at fault, they might try to offer you a settlement that does not fairly cover your losses.
How a Car Accident Lawyer at Our Firm Can Help You Handle a Traffic Ticket
A lawyer from our firm can investigate your accident, as well as the police report, to challenge an insurer’s decision. They can call in an accident reconstruction analyst to detail the events that led to the collision and help prove the liability of the other driver.
You may be surprised to find that another party, aside from the other driver, may be liable for your losses. For example, if your brakes suddenly malfunctioned, causing you to crash into another driver at an intersection, we can help you hold the car manufacturer liable for your losses.
You may get a traffic ticket for a car accident because the police officer was not aware of how the fault brakes contributed to the collision.
The Statute of Limitations in Your Case
If your lawyer and the other party’s insurer cannot come to an agreement for a settlement, your lawyer can file a lawsuit on your behalf. NRS §11.190(4)(e) gives accident victims a two-year window to take action.
Let your lawyer know that you want to file a lawsuit as soon as possible because the court might not hear your case if you wait too long.
Call the Attorneys at Bernstein & Poisson for Help
You may get a traffic ticket for a car accident, but that doesn’t mean you do not have a right to compensation. We can discuss your accident during a free, no-obligation consultation and help you determine if you have a valid case.
Give us a call at (702) 633-3333 today.