Does It Affect My Auto Accident Case If The Other Driver Receives a Citation?

October 22, 2015 |
Does It Affect My Auto Accident Case If The Other Driver Receives a Citation?
Auto accidents & traffic citations in Michigan

Thousands of people are injured in Michigan car accidents each year. In fact, the Michigan of Highway Safety Planning indicates1 that more than 70,000 people were injured in traffic crashes in 2014 alone. These accidents occur for various reasons, but when they occur because of someone else’s negligence, victims are often able to recover for their injuries by filing a personal injury claim. For this reason, anyone involved in an accident should discuss his or her situation with an experienced attorney as soon as possible.

Traffic citations and negligence per se

Generally speaking, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person under the same or similar circumstances. Negligence per se is a legal doctrine that holds that the violation of a law is sufficient evidence of negligence, meaning that, in many cases, a plaintiff injured by a defendant that has broken the law will be able to recover without introducing any further evidence. Importantly, however, victims must still be able to establish a causal link between the violation and the accident that caused his or her injury.

Importantly, however, under Michigan case law,2 violation of an ordinance is not itself negligence per se, but can be used as evidence of negligence. This means that if your case goes to trial, the fact that another driver violated a traffic law may be considered by the judge or the jury, but does not itself establish that negligence on the part of the defendant. Some of the kinds of traffic violations that have the have the potential to result in serious accidents include the following:

  • Speeding
  • Failure to yield
  • Operating without headlights
  • Failure to signal a turn
  • Running a stop sign
  • Failing to observe a traffic signal
  • Distracted driving
  • Reckless driving
  • Window tint violations
  • Illegal turns

Contact a Michigan auto accident lawyer today to schedule a free consultation

Anyone that has been injured in a Michigan car accident should retain legal counsel as soon as possible to ensure their legal rights are protected. Since 2008, Michigan Injury Lawyers has been representing the legal rights of people injured in preventable accidents. To schedule a free consultation with one of our Michigan car accident attorneys, call our office today at 313-438-4357 or send us an email through our online contact form.