So, you’re just cruising through Denver, maybe enjoying the mountain views or humming along to your favorite song, when suddenly – WHAM! – you’re in a car accident. Your heart’s probably doing a drum solo, your hands might be shaking, and then you see those familiar red and blue lights flashing behind you. An officer comes over, gathers some info, and then… hands you a ticket.
At this point, you’re probably thinking, “Oh great, I got a ticket, so I’m automatically to blame for this whole mess, right?” Hold on a second. It’s really not that simple. I’ve been helping folks with car accident claims here in Denver for a long time, and believe me, the connection between getting a traffic ticket and who’s actually at fault is way more complicated than most people imagine.
So, Do Tickets Actually Determine Fault?
Let’s get straight to it: No, a traffic ticket doesn’t automatically mean you’re at fault in a car accident claim. I know, I know, that might sound a bit backwards. After all, if a police officer gives you a ticket, doesn’t that pretty much say you caused the accident? Not necessarily.
Think of a traffic citation this way: it’s the officer’s best guess about what happened based on what they saw or heard right there at the scene. It’s basically them saying, “Hey, I think you might have broken this traffic law, and that probably had something to do with this crash.” But that’s just one person’s perspective, and they might not have caught every single detail.
Here’s the real scoop: insurance companies and courts don’t just peek at who got a ticket and call it a day. Nope, they dig in and do their own detective work. They’ll pore over the police report, chat with witnesses, inspect the damage to both cars, and sometimes even bring in experts to reconstruct the accident. A ticket is just one small piece of the puzzle, not the whole picture.
How Police Reports Work in Denver
When an officer shows up at an accident scene in Denver, they’re not there to play judge and jury. Their job is to write down what they see, get statements from everyone involved, and note any traffic violations they believe occurred. The police report they put together is super important, but it’s not the final word on who’s to blame.
I’ve seen tons of cases where someone got a ticket at the scene, but once we started digging deeper, it turned out the other driver was actually more at fault. Maybe there were witnesses who didn’t speak up right away, or perhaps the physical evidence painted a completely different story than what the officer first thought.
Now, police reports do carry a lot of weight with insurance companies. When an adjuster is trying to figure out what went down, that report is usually the first thing they’ll grab. If you got a ticket for, say, running a red light, you can bet that’s going to influence how they look at your claim. But again, it doesn’t mean your case is over and done with.
Here’s where things get really interesting, and honestly, where a lot of people get a bit mixed up. Colorado uses something called a “modified comparative negligence” system. What that means is that fault can actually be split between everyone involved in an accident. It’s not always an all-or-nothing situation.
Let’s say you got a ticket for speeding, but the other driver was busy texting behind the wheel. Even though you got the citation, a court or insurance company might decide you’re only 30% at fault while the other driver is 70% at fault. In that scenario, you could still get money for your injuries and car repairs – it would just be reduced by your 30% share of the blame.
I’ve worked on cases where my client got a ticket, but we were still able to prove that the other driver was mostly responsible for the accident. The ticket definitely made things a bit trickier, but it certainly wasn’t a lost cause.
What Really Determines Fault in Denver Car Accidents
So, if tickets aren’t the be-all and end-all, what does determine fault? Well, it’s a mix of things that together tell the whole story:
- Physical Evidence: The damage to the vehicles speaks volumes. Where did they hit? How bad was it? Which way were the cars going? All this helps piece together the crash.
- Witness Statements: People who saw the accident unfold can give really helpful info that might not be obvious just by looking at the scene.
- Traffic Citations: Yep, tickets are still a piece of the puzzle. If you got cited for blowing through a stop sign, that’s definitely going to be important in figuring out fault. But they’re not the only thing.
- Traffic Camera Footage: Denver has cameras at lots of intersections. If there’s footage, it can be gold for showing exactly what happened.
- Expert Analysis: Sometimes, folks who specialize in accident reconstruction come in to figure out the physics of the crash and how it likely happened.
- Road Conditions: Was it snowy or icy? Were there potholes? Was road construction messing with traffic? All these things can play a part.
When Traffic Citations Really Do Matter
Now, don’t get me wrong – I’m not saying tickets are meaningless. There are definitely times when a traffic citation can be pretty damning:
If you get a ticket and then you’re found guilty in traffic court, that conviction can absolutely be used against you in your accident claim. The court has essentially said you broke a traffic law, and that makes it much harder to argue you weren’t at fault for the accident.
Also, certain types of violations are a bigger deal than others. If you got cited for a DUI, running a red light, or reckless driving, those are serious violations that suggest dangerous behavior. Insurance companies and juries don’t look too kindly on those kinds of citations.
But here’s a little secret many people don’t know: you can fight a traffic ticket, and sometimes it makes a lot of sense to do so, especially if you’re also dealing with an accident claim. If you can get the ticket dismissed or reduced, it can really help your position when it comes to the insurance claim or any lawsuit.
How Insurance Companies Investigate Your Claim
When you file a claim with an insurance company (whether it’s yours or the other driver’s), they’re going to do their own investigation. They don’t just blindly accept what the police report says. Here’s usually how it goes:
First, they’ll grab a copy of the police report and make a note of any tickets that were issued. Then, they’ll talk to all the drivers involved and get their side of the story. They’ll also reach out to any witnesses mentioned in the police report.
The adjuster will check out photos of the accident scene and the damage to the cars. They’re trained to “read” the damage – where the cars hit, how the metal bent, whether the damage matches what the drivers are saying happened.
Sometimes, if it’s a serious crash or there are a lot of unanswered questions, they might even send out their own investigator to look at the accident scene.
All of this information gets weighed together to figure out who’s at fault. The traffic citation is definitely part of that analysis, but it’s not the only thing they consider.
Real-World Examples I’ve Seen
Let me share a couple of stories from cases I’ve worked on that show how this actually plays out:
Case 1: My client got rear-ended at a stoplight, but she also got a ticket for having a broken taillight. The other driver’s insurance company initially tried to argue that the broken taillight contributed to the accident. But we were able to show that the crash happened in broad daylight and the other driver was following way too closely. The ticket ended up being irrelevant to the fault determination.
Case 2: A client got a ticket for failing to yield when making a left turn, and she was definitely partly at fault. But as we dug into it, we discovered that the other driver was speeding significantly – way over the limit. Even though my client got the ticket, we were able to show that the other driver’s excessive speed was the main reason the accident was so severe. We ended up settling the case with fault split 40/60.
These cases really highlight why you can’t just look at who got a ticket and assume that person is entirely to blame.
What to Do If You Got a Ticket After an Accident
If you’ve been in an accident and got a traffic ticket, here’s my advice:
- Don’t freak out. A ticket doesn’t mean you’re automatically on the hook for everything. Take a deep breath and make sure you get any medical attention you need.
- Document everything. Take pictures of the accident scene, both vehicles, and any road conditions that might have played a role. Get contact info from any witnesses. The more evidence you have, the better.
- Be careful what you say. Don’t admit fault to the other driver or to the insurance companies. Just stick to the facts about what happened. Let the investigation figure out who’s truly at fault.
- Think about fighting the ticket. Depending on the situation, it might make sense to challenge the citation in traffic court. This is especially true if the ticket is for a serious violation or if you truly believe you weren’t at fault.
- Get some legal help. If you’ve been injured or if there’s a lot of property damage, you should definitely chat with a personal injury attorney. Here at McCormick & Murphy, P.C., we’ve been handling these kinds of cases for a long time, and we totally get how traffic citations fit into the bigger picture of car accident claims.
The Bottom Line on Citations and Fault
Here’s the main thing to remember: traffic citations are a piece of evidence when it comes to fault, but they’re not the final judgment. Colorado’s shared fault system means that blame can be split, and even if you got a ticket, you might still be able to get compensation if the other driver was also careless.
The investigation process looks at so much more than just who got a ticket. Physical evidence, witness statements, and expert analysis all play important roles in figuring out what really happened and who’s responsible.
If you’ve been in an accident and you’re wrestling with questions about fault and citations, please don’t try to handle it all by yourself. Insurance companies have experienced adjusters and lawyers working for them – you should have someone experienced working for you too.
When Professional Help Makes a Real Difference
Look, I’ll be straight with you – insurance companies are businesses, and their goal is to pay out as little as possible on claims. If you got a ticket, they might try to use that to put all the blame on you, even if that’s not the full story.
Having an experienced attorney by your side can really balance things out. We know how to investigate accidents, how to push back against unfair fault determinations, and how to present evidence that shows the complete picture of what happened.
At McCormick & Murphy, P.C., we’ve been focusing on personal injury and insurance cases for over 60 years combined. We’re located right here in Denver at 1547 N Gaylord St UNIT 303, and we handle most personal injury claims on a contingent fee basis. That means you don’t pay us attorney fees unless we actually get money for you.
We understand that dealing with an accident is stressful enough without having to worry about all the complex legal stuff. That’s why we’re here – to help you understand your rights and options, and to fight for the compensation you deserve.
Moving Forward After an Accident
Getting a traffic citation after an accident can feel like insult to injury, especially if you’re also dealing with car repairs, medical bills, and insurance headaches. But remember, a ticket is just one piece of evidence in a much larger puzzle.
Don’t let a citation stop you from pursuing a claim if you’ve been hurt or if you believe the other driver was also at fault. Colorado’s system for sharing fault is designed to fairly divide blame based on all the evidence, not just who got a ticket.
The most important thing is to focus on getting better and making sure you’re getting the medical care you need. Everything else can be sorted out with a proper investigation and, if needed, legal representation.
If you’re dealing with questions about who’s at fault, insurance claims, or how a traffic citation might affect your case, don’t hesitate to reach out for help. You can call us at (888)-668-1182 to chat about your situation. We’re here to help you understand your options and protect your rights.
Remember, just because you got a ticket doesn’t mean your story is over. With the right approach and proper representation, you can still get the fair outcome you deserve.
