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How Traffic Violations Affect Car Accident Claims

Car accident lawyer Gary Christmas in front of speed limit sign

Understanding the Role of Traffic Citations in Personal Injury Cases

If you were injured in a car accident and the other driver received a traffic ticket, you might wonder: Will this help my case? It just might. Traffic violations can significantly affect how fault is attributed, and that can directly influence the outcome of your personal injury claim.

At Christmas Injury Lawyers, we believe in one simple truth: Traffic laws are meant to protect you — and when others break them, we’ll hold them accountable. Here’s how traffic violations affect car accident claims, and what you need to know to protect your legal rights.

Traffic Violations: Why They Matter in Personal Injury Litigation

Common traffic violations like speeding, running a red light, or distracted driving can serve as crucial evidence in accident claims. These violations may demonstrate that the at fault party was engaging in negligent driving, which can help your car accident attorney clearly prove fault in your case.

Examples of traffic citations that may support your claim include:

  • Speeding tickets
  • Failure to yield at a stop sign
  • Driving under the influence
  • Improper lane changes
  • Running red lights

Such violations play a significant role in how we determine fault and seek fair compensation for our clients.

Car Accident Claims and the Comparative Negligence Rule

Picture explaining comparative negligence

In South Carolina, we follow a comparative negligence system. This means fault determination can be split between parties in varying degrees. Even if you share some blame, you can still file a car accident claim, as long as your share of fault is less than 51%.

However, your traffic violation history—or the other driver’s—can significantly impact the amount of damages awarded. Our car accident attorneys know how to assess fault using police reports, witness statements, and medical records to strengthen your case.

Contributory Negligence and Its Role in Your Case

If you received a ticket too, don’t panic. In South Carolina, the comparative negligence rule allows partial recovery, as long as you're less than 51% responsible. This is where legal assistance is vital.

Our experienced attorneys know how to reduce your attributed fault using:

  • Clear evidence
  • Detailed medical records
  • Surveillance footage
  • Witness statements

Experienced Car Accident Attorney: Why You Need One

Picture showing consultation between attorney and injured party

Insurance companies use every tactic to reduce what they owe you. If there’s a traffic ticket involved, they might twist the facts or challenge your version of the event. That’s why working with an experienced attorney from a litigation-based law firm like ours is critical.

We help you:

  • Gather evidence including video footage, witness statements, and driving records
  • Challenge improper citations and defend your clean driving history
  • Interpret and apply traffic laws correctly to your case
  • Navigate the claim process to pursue a favorable settlement

When necessary, we take the case to court. Not all firms do—but we do, and we win.

Traffic Laws and How They Protect the Injured Party

Traffic laws are not just rules—they're designed to prevent accidents and protect you. When someone violates these laws and causes a crash, their violations play a critical role in fault determination and personal injury litigation.

Violations like:

  • Running a red light
  • Texting while driving
  • Not wearing a seat belt
  • Exceeding the speed limit

...all reflect reckless behavior. Our legal team uses these details to build your case, especially when the at fault party has a pattern of unsafe behavior in their driving history.

Car Accident Lawyer Tips: What to Do After a Crash Involving a Traffic Violation

collage showing what to do after an accident

Here’s what we recommend if you're in a car accident involving a traffic citation:

  1. Seek medical attention immediately.
  2. Get a copy of the police report.
  3. Document everything: scene photos, traffic violations, road conditions.
  4. Speak with an experienced car accident lawyer before speaking with the insurance company.

This is about more than a speeding ticket or a red light infraction—it’s about your future and getting the higher compensation you may be owed.

Traffic Violation History: Does a Clean Driving Record Help Your Case?

Absolutely. A clean driving record not only strengthens your personal injury claim—it boosts your credibility in negotiations and court. And if your opponent has a pattern of common traffic violations, we’ll expose it.

Your clean record + our legal representation = a formula for a favorable settlement.

Witness Statements: The Hidden Power in Traffic Violation Cases

Neutral witness statements can be crucial evidence. These accounts help clarify the fault determination and support your version of events—especially in cases involving running a red light, stop sign violations, or distracted driving.

Our law firm specializes in obtaining, analyzing, and presenting these statements to secure the most favorable outcome possible for your case.

Law Firm That Fights for Your Legal Rights: Christmas Injury Lawyers

Our team has decades of experience in personal injury cases and car accident litigation. We aren’t afraid of trial—we go to court to make insurance companies pay what’s right.

We offer:

  • Proven legal representation
  • Client-focused service
  • Transparent guidance
  • A true commitment to your recovery

Accident Claims and the Claim Process: How We Help

At Christmas Injury Lawyers, we guide you through every step of the claim process:

  • We investigate your case.
  • We handle all communications with insurance companies.
  • We pursue punitive damages when criminal charges apply due to extreme negligent driving.

Our mission is to help you recover fully, both physically and financially, with the full weight of our legal expertise behind you.

Frequently Asked Questions

Picture of an auto accident.

Can traffic violations from previous incidents be used against me in my car accident claim?

Yes, your traffic violation history can be reviewed by insurance companies to question your driving behavior, even if the violations aren’t related to the current crash. That’s why having an experienced car accident attorney is essential—to focus the case on the incident at hand and not on unrelated past mistakes.

Does a traffic violation always result in criminal charges after an accident?

Not necessarily. While many traffic violations are civil infractions, certain actions like DUI or reckless driving can result in criminal charges. If the other driver is facing criminal charges, this may strengthen your personal injury litigation and open the door to punitive damages.

Will a citation for not wearing a seat belt affect my ability to recover compensation?

In South Carolina, failure to wear a seat belt can be brought up in court, but it doesn't prevent you from recovering damages. It may, however, reduce your car accident claim recovery slightly under comparative negligence. Your attorney will work to limit any reduction based on this factor.

How do insurance premiums get affected after a traffic violation-related accident?

If you're found at fault or even partially at fault in a car accident involving a traffic violation, your insurance premiums may increase. A strong legal representation can help limit fault attributed to you and, by extension, minimize future premium hikes.

What if the police report doesn’t include any mention of a traffic violation?

Even if it doesn’t list a violation, that doesn’t mean one didn’t occur. Officers might miss something or choose not to cite a driver. Our team will independently gather evidence, examine footage, and consult witnesses to determine whether any traffic laws were broken—and how that can help your case.

Take the First Step Toward Holding the Other Driver Accountable

Picture of Charleston, South Carolina in the background.

You have legal rights after a traffic violation-related crash. You deserve legal help that treats you like family. With us, there’s no cost unless we win—and your first step is a free consultation.

Let Christmas Injury Lawyers step in. We know the tactics insurers use. We know how to expose reckless driving, analyze traffic citations, and build strong personal injury cases. And most importantly—we know how to fight for people like you.

Call us today at (843) 380-4112 or click on ‘Contact Us’ on this page. Injury cases are all we do. You won’t pay us a dime unless we win for you. It’s your turn to get the help, the answers, and the favorable outcome you deserve.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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