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Oakland Personal Injury > Blog > Car Accident > Traffic Tickets And Fault In Oakland Car Accidents

Traffic Tickets And Fault In Oakland Car Accidents

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Most California car accidents are caused by motorist carelessness, which can take many forms but is often related to traffic violations. The laws are covered in the California Driver Handbook published by the Department of Motor Vehicles, and drivers are well-aware of their legal duties. When motorists do not obey the rules of the road, they put others on the road at risk of serious collisions. If you were injured in a crash involving a traffic violation, you probably assume that the responsible driver will receive a ticket. A traffic citation would seem to be powerful evidence of that person’s careless acts, opening the door to compensation for your losses.

However, you might be shocked to learn that motorists often are not ticketed for a traffic violation, even one that leads to an auto collision. Before you lose hope about recovering monetary damages, you should consult with an Oakland car accident lawyer who can explain the relevant laws. A traffic citation alone will not make or break your claim for the following reasons.

Your Remedies are Civil in Nature, Not Administrative: When drivers violate a traffic rule, they may be ticketed and have to pay a fine to an administrative government agency. However, even if that motorist caused an accident through a moving violation, the fine does not go to injured victims. If you were hurt in a collision, your remedies are civil in nature. To obtain monetary damages for your losses, you need to file a claim with the responsible driver’s insurance company and/or a lawsuit in court. This legal process is completely separate from administrative proceedings involving a traffic ticket.

It is Common for No Traffic Ticket to be Issued: Plenty of injured victims are still able to recover compensation in these situations because the absence of a ticket does NOT directly affect fault. Police frequently complete their work at the scene of a crash without issuing a ticket, since they were not there to witness the moving violation. Officers will usually not cite a motorist based upon little more than “he said/she said” allegations. 

California Auto Crash Claims are Based Upon Negligence: The key to recovering compensation after a motor vehicle collision is showing that the other driver was negligent, which requires you to prove:

  1. That person had a duty to drive safely;
  2. He or she breached this duty by engaging in careless maneuvers behind the wheel;
  3. The breach of duty was the direct cause of the accident in which you were injured; and
  4. You suffered harm because of your injuries.

If police do issue a ticket, this would be solid proof regarding element #2; if not, you must rely on other evidence that the at-fault driver was negligent.

Our Oakland Auto Accidents Attorneys Can Explain the Details

As you can see, a ticket for the other driver does not necessarily give you an automatic win when seeking compensation as the victim of a car crash. For more information on your legal remedies, please contact Venardi Zurada, LLP to schedule a no-cost consultation at our offices in Oakland, Orinda, or Redding, CA.

Resource:

dmv.ca.gov/portal/uploads/2020/06/dl600.pdf

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You can be confident in relying on our zealous and effective Oakland personal injury lawyers:

  • We have served Northern California for over 35 years.

  • Our attorneys have been honored with numerous accolades, including SuperLawyers, AV Rating, and Top 100 Trial Attorney Awards.

  • In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.

  • We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.

  • We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.

  • We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.

  • We win. We have secured multi-million dollar verdicts and settlements. In our combined tenure, we have recovered tens of millions of dollars for our clients across our broad areas of practice.

  • We care first and foremost about our clients. We dedicate ourselves to serve each and every client personally, and we make ourselves available to our clients around the clock.

  • There is no cost to you until we win. If we don’t make a recovery for you, we will not collect a fee. And all initial consultations are free of charge.

Dedicated Areas of Practice

We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:

Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.

Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.

The Sooner You Speak to an Oakland Injury Lawyer, the Stronger Your Chances for Recovery Will Become.

Contact the Oakland injury lawyers at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.

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