Does a Traffic Ticket Matter in Car Accident Injury Lawsuits in Colorado?

A Jury Will Probably Never Hear About A Ticket Given To A Driver

If you are hurt in a collision with another driver whom police cite for a moving violation, you might wonder whether a traffic ticket matters in car accident injury lawsuits. You might have the same question if you were the one who received a ticket.

That is a good question. After all, you and your car accident attorney must prove that the other driver was at fault for the crash and your injuries to obtain compensation. If Colorado Springs police issue a ticket asserting that the other driver violated traffic laws when the accident occurred, you might think that would be strong evidence of their negligence and blame.

Unfortunately, however, it is unlikely that a traffic ticket will provide proof of fault in a civil personal injury lawsuit. Why?

It’s Unlikely That a Traffic Ticket Will Matter In Your Car Accident Injury Lawsuit

To understand why a traffic ticket may not matter in your car accident lawsuit, you need to understand what a traffic ticket actually is – and what it isn’t.

In most car accidents, Colorado Springs police arrived at the scene well after the crash. They most likely did not personally see the accident or have first-hand knowledge of what happened. When an officer issues a ticket, they base their assessment on what they see when they arrive at the accident scene and the observations of both drivers, passengers, and any other witnesses.

A traffic ticket is not a legal determination that one driver is guilty of a traffic violation and was at fault for an accident. Instead, it’s akin to being arrested and charged with a criminal offense. The ticketing officer alleges that a driver broke a traffic law, just like an arresting officer alleges that the person in their custody committed a crime. In both cases, whether or not the driver is actually guilty is up to a judge, jury, or a voluntary plea of guilt by the person ticketed or charged. (This is one of the reasons why many Colorado Springs residents who receive traffic tickets choose to hire a traffic lawyer to represent them in court and at DMV hearings.)

Allowing a traffic ticket to be used as evidence of fault in a personal injury case would be like using an arrest as evidence of guilt in a criminal case. There wouldn’t be much need for a trial if that were allowed, nor would criminal defendants be considered “innocent until proven guilty.”

Related: How Accident Reconstruction Can Help Your Injury Claim

Even a Conviction or Guilty Plea For a Traffic Violation Is Likely Inadmissible

Traffic tickets are almost always inadmissible as evidence in a Colorado personal injury lawsuit. But even a guilty plea or conviction is not admissible in civil court to establish fault for the accident.

CO Rev Stat § 42-2-205 provides that, except for cases involving “habitual offenders” as defined by Colorado law, “no record of the conviction of any person for any violation of [Colorado’s Traffic Code] shall be admissible as evidence in any court in any civil action.”

Police Reports Also Can’t Be Used As Evidence In A Car Accident Lawsuit

Even if no one receives a ticket after an accident, the responding officer will prepare a police report that includes basic facts about the accident, such as the wreck’s location, date, and time.

However, just as the officer who issues a ticket was likely not present when the accident occurred, this same officer would be relying on the same observations in preparing the police report. Any information in the report about how the accident happened and who was to blame will come from their after-the-fact observations and driver and witness statements.

Therefore, as with tickets, police reports are usually not admissible as evidence in personal injury lawsuits.

However, even though the traffic ticket and the police report may not be admissible in civil actions, your car accident lawyer can subpoena the Colorado Springs police officer and other witnesses to testify in court as to what they observed at the scene of the accident.

King & Beaty: Colorado Springs Car Accident Attorneys

If you suffered injuries in a car accident, whether police issued any tickets or not, you need an experienced Colorado Springs car accident lawyer on your side. You need a tenacious advocate with the resources to help you through this challenging time and will fight to get you the compensation you need to move forward with your life.

Click here to speak with a Colorado Springs car accident attorney today.