Are You At-Fault If You Get A Ticket In An Accident?

It’s a common misconception among people that if they get a ticket in an accident, they’ll be considered at-fault drivers. Being at fault means a driver who caused the accident is liable to pay compensation to the other driver.

In reality, this isn’t always true! Tickets don’t automatically make a person guilty of the accident. They are issued because someone violated traffic rules. Violating traffic rules is a separate issue from determining fault in an accident.

The fault is determined based on factors like negligence, actions leading to the accident, and whether you were following traffic laws at the time of the incident. Sometimes, both drivers receive citations. 

For example, one might get a ticket for not wearing a seatbelt, while the other might get a ticket for underage driving.

Obviously, if the accident was caused by an underage driver due to inexperience and lack of knowledge, receiving a ticket for not wearing a seatbelt won’t make you responsible for causing the accident. 

What To Do After Getting Tickets For Traffic Violations?

There are a few things you can do after getting tickets for traffic violations. The first option is accepting the mistake and paying the fine. This is the best option if you are truly at fault and want to resolve the matter quickly.

The second option is to go to a lawyer if you’re wrongly accused and discuss the matter with them. However, hiring a lawyer may not be necessary for smaller fines, as it could be more expensive than the fine itself.

A lawyer is recommended for cases when the traffic violation is going in favor of the at-fault driver, and they’re using the tickets to decrease the compensation amount. In this case, a lawyer can help you, as they’ll provide advice and support in dealing with legal challenges.

This can result in significant financial hardship and legal issues for the excluded driver and potentially for the car owner.

Can Excluded Drivers Get Their Car Insurance Policy?

Yes, excluded drivers can get their own car insurance policy. However, this will be difficult because the insurance company reviews the driver’s profile before issuing insurance.

The more risky the driver seems, based on past accidents or traffic violations, the higher the premiums. Some insurance companies may even refuse coverage if the driver’s record is too poor.

Therefore, while it is possible, excluded drivers should be prepared for potentially high costs and difficulty finding an insurer willing to cover them.

How To Remove An Excluded Driver?

The process is pretty simple if you want to remove an excluded driver from the insurance policy. You need to communicate with the insurer about the issue that you want to remove a person from the excluded driver list and again add them to the coverage.

Just keep in mind that you may need to provide additional information or documentation to support your request. The insurer may review the driving history of the excluded driver and assess any potential risk before making a decision.

One more important point: if the excluded person still has a bad record, they’ll be considered a risky driver. Insurance companies offer insurance services to risky drivers with high premiums, much more than the average rate.

To win the case, it’s important to include all relevant details, such as the responsibilities your employer has failed to perform. We’ll list these responsibilities below so you can make the right decision.

Employer’s Duty of Care According To California Law

Here’s a brief overview of the employer’s duty of care. Remember, it’s based on the state laws of California; rules can be different in your state. So, make sure to do proper research about state laws before you go for any legal procedure.

• Worker Compensation: The first responsibility of the employer in California is to have workers’ compensation insurance. Any employer who doesn’t insure their workers violates the law, so you can sue them. Besides insurance, it’s also the employer’s responsibility to ensure employees know their rights. Employers can share pamphlets regarding worker compensation rights or place them wherever employees can see them.
• Worker Compensation Form: After the injury, the employer must provide a workers’ compensation claim form within one working day of the injury. They must also forward the claim form with the injury report to the claim’s administrator.
• After Claim Approval: Upon approval of your claim, the employer must authorize up to $10,000 for appropriate medical treatment within one day. They must also offer transitional work (light duty) when suitable for your recovery.

If your employer isn’t performing their duties as they should be, you have the right to take the issue to court. You can get legal help from our experienced lawyers; there’s no fee for the first-time consultation.

4. Strategies To Maximize Your Compensation

There are not many lawyers who give their best to the client. Most lawyers focus more on getting more cases than guiding clients. They don’t tell the strategies that can be used to maximize your compensation.

For example, you can ask for compensation for loss of income, emotional and physical pain, disability (if any), etc. We suggest a detailed session with your lawyer about maximizing your compensation.

5. You Can Interview Your Lawyer

You have the right to interview your lawyer before making any commitments. Ask about their strategy for your case, expected timeline, and fee structure.

Don’t hesitate to inquire about their expertise in similar cases. You should also discuss the success rate of their past cases and many other relevant questions. This interview process ensures you find a lawyer who’s the right fit for your needs.

6. What Does Worker Compensation Cover

Your lawyer may not go into such details as guiding you on what workers’ compensation is and what it covers. Still, you should always remember that workers’ compensation isn’t only about medical bills.

It covers everything from hospital bills, medications, missed wages, temporary or permanent disability benefits, and even family death benefits. This is why it’s important to discuss your loss with your lawyer in detail so they can tell you what fair compensation is.

7. You Can Always Find A New Legal Representative

If you’re unsatisfied with your current lawyer, you can change your legal representation. You can do this anytime—just make sure to review your contract for any clauses about changing lawyers.

McCrary Law Firm also has experienced workers’ compensation lawyers. We don’t charge anything for the first consultation, so feel free to contact our team if your current legal representative isn’t the right choice.

8. You May Need To Testify

Some attorneys don’t prepare their clients for the possibility of having to testify. If your case goes to a hearing, you might need to give testimony about your injury and how it has affected your life.

While this process is necessary and can help the judge better understand your case, it can also be stressful to recall and describe the painful events of your injury.

5. Emotional Suffering  

Emotional suffering may not be visible like physical suffering, but it has a long-lasting effect on a person’s personal life. Individuals often recover through physical pain but not with emotional distress, like a driver who has experienced a traumatic accident and can’t drive again. 

If the accident happened due to someone else’s negligence, the driver can sue for pain and suffering. Once the emotional distress is proven through medical evidence, the responsible party must compensate for the damages incurred.

6. Worker Injury

As an employee, it’s your right to have a workplace free from any hazards. Unfortunately, sometimes employers fail to meet this obligation, resulting in injuries to workers. In such situations, remember that the law is on your side.

You can sue your employer to compensate for the damages. The employer is responsible for providing medical treatment, temporary disability benefits, lifetime pension in case of permanent disability, and death benefits to the family if the employee loses their life.

7. Property Damage 

If your property is damaged due to the wrongdoing of others, you can take legal action against the responsible person and ask for compensation. The compensation amount will depend on various circumstances. 

For example, insurers consider factors such as the extent of your responsibility for the damage, the severity of the damage, the cost of damage, and state laws. They also assess whether the property is repairable; if it is, you may receive funds to cover the repair costs.

8. Permanent Disability 

Permanent disability occurs when a person is unable to work full-time after an unfortunate accident. This condition can significantly impact one’s ability to work and earn enough to maintain a quality lifestyle. 

If this has happened, you can file lawsuits for compensation for permanent disability. The responsible party will be liable to pay for the medical bills, surgeries, hospital stays, and loss of income (according to the wages at the time of injury). 

9. Car Accident 

Car accident lawsuits are quite common in almost every state.  These lawsuits are filed when someone can’t reach an agreement with the insurer of the at-fault party. In this situation,  the plaintiff takes the case to the court. 

Then, the court decides which party was responsible for the accident and whether the compensation the plaintiff is seeking is valid. If it is, the responsible party will be required to provide it.

10. Defective Product 

Any product available on the market should be safe for customers. If there’s any product that has harmed you or the family member as a victim, you’re entitled to compensation and can file a lawsuit.  

However, you must have proof to prove your suffering was because of the product. For example, you need a medical report that shows you suffered from a health condition or an injury. Once the claim is proven, the manufacturer will be liable to provide compensation. 

What Are The 5 Steps To Initiate A Lawsuit?

Now let’s come to another point which is what are the main steps to initiate a lawsuit. But before you begin with this process, ensure you’ve consulted your case with a lawyer. This is to make sure you’re on the right path from the beginning. 

• • Hire a lawyer: The first step in initiating a lawsuit after consultation is to hire a lawyer. It’s best to hire a lawyer experienced in the area of your case. For example, if your case is related to personal injury, ensure you hire an experienced personal injury lawyer.
  • Gather evidence: The next step is to discuss the evidence with the lawyer. Your lawyer will guide you on the evidence needed to prove your claim and how you can gather it.
  • Meet the requirements: Every state has laws regarding filing lawsuits. For example, you can’t file for personal injury lawsuits after a specific timeframe. Make sure you meet these requirements before taking legal action.
  • File a complaint: Now, the fourth and most important step is filing a complaint. If you’ve hired a lawyer, this task will be their responsibility. The legal process begins once the complaint is filed, which includes discovery and trial.
  • Proceed with case: After filing the case, the trial process begins, which takes time. During this process, your lawyer will represent you in court and present the evidence to secure compensation for the damages.