The Top Ten Arizona Personal Injury Lawyers Will Explain to People how a Traffic Ticket Affects their Right to Bring an Insurance Claim or Auto Accident Lawsuit
There are far too many auto accident lawyers throughout Phoenix, Arizona and throughout the entire state who fail to provide the information people really need. Far too often, people who have the absolute right to bring an Arizona auto accident insurance claim or personal injury lawsuit, fail to do so because the police officer who showed up at the scene gave them the ticket. Too many people believe that because they were given a ticket, they lose rights to bring a lawsuit because they are “at fault.” This is not the reality of the situation.
One common traffic ticket that’s given out after an auto accident is for violation of ARS 12 701. In plain English, what this statute basically says is that you must control the speed of your vehicle to avoid an accident. Therefore, when the police officer shows up at the scene and there is a lack of a more definitive statute that was violated, but the police officer believes somebody caused the accident, a ticket is most often given out. However, the police are at a disadvantage when they show up at the scene of a car accident in Phoenix. This does not mean they do not get it right. This is not an attack on police officers or their investigations or their techniques. However, it is a simple reality that when a police officer shows up at a serious accident scene, they have a lot of work that they have to do and a lot of information to collect. It cannot all be done in the period of time that they are at the scene. Therefore, there are many times that the police collect the information that is needed, but do not have the time to put together a complete and full accident investigation. Therefore, they often give a ticket to the person that appears to be at fault without doing the entire workup and accident reconstruction that would be necessary to make a certain determination.
The reality is that Arizona jury trials do not even include evidence of who was given a traffic ticket. That means in almost every case the police officer’s decision as to who should have gotten the traffic ticket is not even allowed into evidence regardless of what happens with that traffic ticket after the fact. Too often, people may feel intimidated or bullied by the fact that they were given a traffic ticket. Insurance adjusters are trained to do their job and that is to try to minimize the liability of their insured so that the insurance company can pay out less in compensation. Obviously, more often than not, when a police officer gives someone a ticket, it will turn out to be that the ticket was given properly and that there is liability of fault on the person who received the ticket. However, the fact that happens in more cases than not, in no way suggests that everyone who gets a ticket is at fault.
Moreover, evidence of a ticket is inadmissible at a later date and while it may be instructive, it should not end somebody’s pursuit of justice after a very serious personal injury accident in Phoenix. In addition, Arizona is a sure comparative fault state. That means that in Arizona, even if one person is partly at fault, they are not prevented from seeking compensation for medical bills, lost wages, pain, loss of enjoying of life, loss of abilities to participate in normal activities of daily living, and other legally compensated claims as to the portion of fault that somebody else holds for causing the Arizona auto accident.
However, we strongly believe that the best Arizona persona injury lawyers will not simply tell people what they want to hear. We are big believers in the fact that lawyers, who have experience, knowledge and have earned a certain level of achievement within the world of personal injury lawyers, should directly address these strengths and weaknesses when anybody calls with questions following an auto accident. This goes for whether questions relate to ARS 12 701, it relates to any kind of traffic citation, or any question regarding negligence after an automobile accident. We are big believers in simply calling it as we see it. If you want honest answers and a real assessment as to whether it would make sense for you to even consider bringing a claim, please feel free to give us a call at Breyer Law Offices, P.C.