GET A FREE CONSULTATION
(702) 680-1111
Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
A traffic ticket can affect your car accident claim in Nevada, but it does not automatically mean you caused the crash. A ticket for speeding, using a phone while driving, or running a red light may help show what happened. However, insurance companies look at other evidence before deciding who was at fault.
Getting a ticket does not automatically stop you from filing a car accident claim or seeking compensation. A Las Vegas car accident lawyer can review the ticket, look into the crash, and explain your options.
Here’s how a traffic ticket can affect your claim and how Nevada decides who was at fault.
Police may ticket a driver after a crash if they believe the driver broke a traffic law. The ticket can help show what the driver may have done wrong.
Common examples include:
A ticket may help show that a driver broke a traffic law. But you must also show how that action contributed to the accident.
No. A traffic ticket does not automatically prove that a driver caused an accident. It shows that the driver was accused of breaking a traffic law.
Police may use vehicle damage, witness statements, road conditions, and other evidence to work out what happened. An officer may issue a ticket even if they did not see the crash happen.
In Langon v. Matamoros (2005), the Nevada Supreme Court ruled that a misdemeanor traffic conviction could not, by itself, settle who was legally responsible for a crash.
A ticket or conviction may still be used as evidence in some cases. Whether it can be used depends on the facts and the rules of evidence.
The other driver can challenge the ticket and ask the court to dismiss it. If the court dismisses the ticket, you may still be able to prove the driver caused the crash. Photos, witness statements, and other evidence can help support your claim.
Paying a traffic fine also does not automatically mean the driver has accepted blame for the accident.
The ticket case and your injury claim are separate matters, and each is decided based on the available evidence.
Yes. Getting a traffic ticket does not automatically stop you from filing a car accident lawsuit in Nevada. Under NRS 41.141 , you may still recover compensation if you are partly at fault, as long as your share of the blame is not greater than the other driver’s. Your compensation is reduced based on your share of the fault.
For example, you get a speeding ticket after a crash, but the other driver ran a red light. If your damages are $40,000 and you are found 25% at fault, you could recover $30,000.
But if you are more than 50% responsible for the crash, you generally cannot recover compensation from the other driver. So, a ticket alone doesn’t decide your claim. The evidence and each driver’s role in the crash matter.
If the other driver received a ticket after the crash, these steps can help you build your claim.
Tell your attorney what you know about the ticket and what you saw happen. They can check its status and see how it may affect your claim.
The report may include details about the ticket, what each driver said, where the vehicles were, and what may have caused the crash. Check for mistakes or missing details. The report can help, but it may not tell the whole story.
A ticket is only one piece of evidence. Other useful evidence may include:
Our guide to expert witnesses in car accident cases explains how experts can help show what caused a crash.
No. A driver does not have to receive a traffic ticket for you to file a car accident claim. Police may not issue a ticket if they cannot confirm that a traffic law was broken. But you may still be able to show that the other driver caused the crash.
For example, a driver might fail to check their blind spot and hit your car without receiving a ticket. If you can show that the other driver’s carelessness caused your injuries, you may still be able to seek compensation.
Learn more in our guide to ordinary and gross negligence.
Under NRS 11.190(4)(e), you generally have two years from the accident date to file a personal injury lawsuit in Nevada.
Some cases may have different deadlines. Insurance policies may also require you to report the crash sooner, so act quickly and preserve any evidence you have.
Read our guides to Nevada’s personal injury filing deadline and the car accident compensation process.
Yes. Insurance companies review evidence such as photos, police reports, and witness statements to decide who was at fault. You can still be found responsible even if the police did not give you a ticket.
Not automatically. Paying a ticket addresses the traffic violation, but it doesn’t always prove you caused the accident. The effect depends on the ticket type and the evidence rules.
Both drivers may have broken traffic laws, but they may not share equal blame. Nevada law looks at how much each driver’s actions contributed to the crash.
Yes. You can provide more evidence, correct errors in the report, or ask the insurer to review its decision. If you still disagree, you may have other legal options.
It may help challenge the claim that you broke a traffic law. However, a dismissed ticket does not prove that you were not at fault. The other evidence from the crash still matters.
A traffic ticket can complicate an accident claim, especially when drivers disagree about who caused the collision.
If you were injured , Gina Corena & Associates can help investigate the accident, evaluate available evidence, and explain your options for seeking compensation.
Call 702-359-7155 or contact our team for a free consultation.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
