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Why moving violations can lead to negligence claims

In a previous post, we highlighted how potholes and poorly maintained streets can lead to accidents and how injured drivers can be compensated. However, drivers have to deal with more than just potholes on a daily basis. There are distracted drivers, drunk drivers and even aggressive drivers on the road every day.

If you involved in a crash, proving fault is essential to receiving compensation. This means that you have to show that the other driver failed to use reasonable care in operating their vehicle, and that such a failure was the proximate cause of the accident that caused your injuries. One of the easiest ways to prove fault is by showing that the other driver disobeyed a traffic law. 

There are a number of moving violations that can give rise to a negligence claim, including:

-          Failing to signal before turning or changing lanes (i.e. failure to yield)

-          Driving above the posted speed limit or at unsafe speeds for the road conditions

-          Driving under the influence of drugs or alcohol.

-          Driving without regard to the safety of others (i.e. reckless driving)

So, for example, if another driver was speeding during a rainstorm and hit a patch of water and hydroplaned into your vehicle, a citation for driving above the posted speed limit could be considered evidence in showing that the driver failed to use reasonable care, and that such a failure led to the crash that injured you. 

These infractions and commonly detailed through a police report. As such, your attorney will likely conduct an investigation to determine how the accident actually occurred and what observations could be made to prove fault. If you have questions, an experienced attorney can help. 

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