Is a Car Accident Considered a Moving Violation?
Not all car accidents count as moving violations. As the name suggests, a moving violation involves violating a traffic law while a vehicle is in motion. Speeding, tailgating, and running red lights are examples of moving violations, while parking inappropriately is a non-moving violation.
If you suffered an auto accident but face a moving violation, our Fort Lauderdale car accident lawyers can investigate to determine where the fault lies in your case. Even if you weren’t cited, if you want help identifying and proving the other driver’s negligence, you have options. Call (954) 633-8270 to connect with the Law Offices of Wolf & Pravato.
What Are Examples of Moving Violations?
Many traffic infractions that cause car accidents count as moving violations. These include:
- Speeding
- Tailgating
- Ignoring signs or lights
- Failing to signal
- Improper turns or lane changes
- Failing to yield
- Impaired driving
- Distracted driving
- Improper passing
Other Citations
Some moving violations are unrelated to car accidents. If you are pulled over for whatever reason, you could receive a citation for:
- Not wearing a seatbelt
- Issues with licensing, registration, or insurance
- Refusing to submit to certain tests
In other words, while moving violations are often part of car accidents, collisions are not always part of moving violations.
Moving Violations Put Lives at Risk
Moving violations pose threats to all road users. For instance, according to the National Highway Traffic Safety Administration (NHTSA), speeding can reduce someone’s ability to control a vehicle and stop in time to avoid a crash.
However, it’s not always clear who violated a traffic law. In fact, disputes over moving violations can form the basis of an insurance dispute or even a personal injury lawsuit. This is often the case when more than one driver violates the law. These scenarios can result in more than one ticket for a moving violation.
What Are the Penalties of a Moving Violation?
From a legal standpoint, moving violations could result in consequences like:
- Fines
- Required driving courses
- License suspension or revocation
- Jail time
- “Points” on your driver’s license
The aftermath of a moving violation depends on the severity of the violation and the state’s laws. For example, in Florida, the cost of a speeding fine depends on how much a driver exceeded the speed limit, according to Florida law. You may face more serious consequences if you drive while impaired, especially if it’s not your first offense.
Personal Consequences
A car accident can have negative outcomes that extend beyond legal concerns. If found guilty of a moving violation, you could face:
- Increased insurance costs
- Court fees
- Damages from a lawsuit
- Public transportation costs
- Time and energy
The person cited for a moving violation in a car accident can face higher insurance premiums after the crash. If your insurance coverage is insufficient, an injured party may file a lawsuit to recover additional damages—which can jeopardize your financial stability. Additionally, fighting a case can require paying for a Miami car accident attorney and court fees.
Other consequences are less visible, such as the cost of taking public transportation if your car was totaled or the state suspended your license. Dealing with insurance claims and lawsuits extract a personal toll in terms of time and energy.
Can You Pursue Compensation After a Car Accident With a Moving Violation?
Even if your car accident includes a moving violation, don’t give up hope that you could recover some compensation for your losses. Moving violations in collisions may illustrate what laws were broken, but they don’t necessarily assign fault or fully explain who is liable.
You could still pursue damages if you can show:
- Another party owed you a duty of care.
- They violated that obligation through carelessness or recklessness.
- The other party caused your accident and injuries.
- You have damages from the collision.
A Florida accident attorney from our firm can advocate for compensation. Likewise, we can examine your case to determine if multiple parties have liability.
Many states allow parties to pursue compensation even if they were partly at fault. For example, in the scenario of you speeding and another driver failing to yield, you may receive a moving violation. Nonetheless, if the other driver is deemed more at fault, you could still recover damages.
Some states even allow you to recover compensation if you were 99 percent responsible. In that case, you could still potentially recover one percent of the damages you deserve.
A Car Accident Lawyer Can Analyze Your Options After a Moving Violation
If you have questions about how a car accident counts as a moving violation, you can contact the Law Offices of Wolf & Pravato now at (954) 633-8270. Even if the police cited you, you are not out of luck when seeking damages. We can start our analysis with a free evaluation of your case.
