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Why moving violations are important in car accident cases

When we think about a moving violation, we generally are concerned with how it may affect our driving record and how much it will cost to pay for the violation. After all, a certain number of tickets may lead to one’s driving privileges being suspended or even revoked. 

While the criminal implications are certainly important, speeding tickets and citations for unsafe lane changes and the like can have civil implications as well. We will explain through this post.

To begin with, a standard negligence claim involves the proof that a driver failed to use reasonable care while behind the wheel; that such a failure was the proximate cause of the accident that led to the injuries and damages claimed. 

While there are a number of ways to prove that a driver was not using reasonable care, a moving violation is perhaps the easiest way to do so. Essentially, the presumption that comes with a speeding ticket or a careless driving citation is that a driver was not driving as a reasonable person would, which would open up the possibility that he or she would be more likely than not to be in an accident. The same would apply for those cited for texting while driving.

With such a presumption, it is difficult to disprove that a driver who was held criminally liable would not be civilly liable; especially given the lower standard of proof applicable in civil cases. As such, if a driver is cited for a moving violation, this would be an important aspect in a personal injury case. 

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