Is a Car Accident a Moving Traffic Offense?
Sometimes, the circumstances that lead to a crash support the responding officer in writing a ticket for one of the drivers. However, not all car accidents result in a moving traffic violation. Whether or not yours did could matter, especially if you want to file a fault-based lawsuit or insurance claim to recover compensation for your damages.
You can learn more about your options by discussing your accident with a team member from the Law Offices of Wolf & Pravato. When you work with our Fort Lauderdale car accident attorneys, we can help you seek fair compensation for your losses – regardless of whether there was a traffic ticket issued against the at-fault driver. Call us today at (954) 633-8270 for a free case review.
When Do Police Issue a Moving Traffic Violation After a Car Accident?
Under FL Stat. 316.066, most collisions require a crash report. When an injury occurs, the police should respond to the scene and file this report. Doing so generally requires them to make a preliminary investigation into what happened, including who or what caused the crash. This investigation could result in a moving traffic violation for one or more of the involved drivers.
Some common reasons why a driver might receive a moving traffic violation after a collision include:
- Failing to stop at a stop sign or red light
- Failing to yield the right of way when turning
- Following too closely
- Failing to maintain their lane
- Speeding
If the police officer believes the driver violated a traffic law, they could issue a ticket. Under some circumstances, an at-fault driver could also face criminal charges, such as if the officer finds evidence they were driving under the influence of alcohol or drugs.
Can I Prove Fault If the Other Driver Did Not Get a Traffic Ticket?
Not all car accidents result in moving traffic violations. Perhaps there wasn’t enough evidence to write a ticket, or the officer chose not to issue one for another reason. Whatever the circumstance, the lack of a moving traffic violation does not mean that you can’t hold the other driver accountable in a fault-based claim or lawsuit.
When our Miami car accident attorneys handle car accident cases in Florida, we investigate what happened and build a case based on the evidence. The crash report filed by the responding officer is only one potential piece of this evidence. We may also consider:
- Eyewitness statements
- Video and photographs
- Accident reconstruction
- Scene surveys
- Expert testimony
- Relevant medical records
- Physical evidence
- Other documents
Our evidence may confirm an officer’s findings or dispute them. It may also show that negligence occurred, even when no ticket was written.
Proving Negligence in a Traffic Accident
The four legal elements of negligence that we must prove are:
- Duty of care
- Breach of duty
- Causation
- Harm
In many crashes, there is a duty of care because of a traffic law. The breach of duty occurs when the at-fault driver violates that law.
Whether or not a traffic citation was issued, we must show that the duty of care existed and that the driver breached it to secure a payout for our client.
What Are My Legal Options After a Florida Car Accident?
Under laws beginning with FL Stat. 627.730, Florida requires drivers to carry personal injury protection (PIP) insurance with at least $10,000 of coverage. This policy covers most medical care costs and lost wages after a crash up to the coverage limit. It also applies universally, regardless of fault. Even if someone receives a moving traffic violation, they can still file their PIP claim, and their insurer should pay.
However, this is not the only option for some accident victims. Under certain circumstances, crash victims can sue an at-fault driver. Doing so allows them to pursue compensation based on the facts of the accident and the carelessness or recklessness of the driver. A moving traffic violation could make it easier to show fault and recover compensation for damages such as:
- Pain and suffering
- Current and future medical care costs
- Income lost due to injuries and treatment
- Reduced ability to work and earn a living
- Property damage
Our Miami car accident lawyers represent injured Florida crash victims and seek compensation on their behalf. Whenever possible, we help clients pursue fair payouts based on the negligent actions of another driver. We believe the driver should pay for damages, not the victim.
Discuss Your Florida Car Accident With Our Team for Free
The Law Offices of Wolf & Pravato provide free case reviews. If you were hurt in a car crash, we want to talk to you about your next steps. Many people can pursue compensation from the at-fault driver after a car accident, even without a moving traffic violation.
To learn more, contact us online or call (954) 633-8270 today.
