You pay nothing until we win
by Matthew C. Andrew - April 29th, 2024
You may not realize that it’s incredibly common for a police officer to issue a traffic ticket to one or more drivers after an auto accident has occurred. Usually, a ticket is issued because someone violated the law and caused the collision, but this is not always the case.
This leads to many drivers questioning: if I get a ticket in an accident, am I at fault? You might assume that you are to blame and have few options. However, this is not always the case. Never make assumptions; instead, consult a Boise car accident attorney who can assess your rights.
Many people worry that they are seen as at fault for an accident because the liable driver is usually partially or fully responsible for financial compensation, such as medical expenses and property damages. So, receiving a ticket can be worrisome. However, getting a traffic ticket after a car accident does not automatically mean a driver is at fault for the collision.
This is because a traffic ticket is often issued for reasons other than a person breaking a law that led to a crash. For example, you could have received the ticket in error or been ticketed for something unrelated to the accident. In addition, there are instances where multiple parties can receive traffic tickets for an accident and for them to share fault.
That’s why speaking with an attorney is critical. An experienced car accident attorney will analyze your case to determine if the ticket you received is valid, if it indicates you were partially at fault, and if another party is also responsible for the accident based on whether they also received a traffic ticket.
Idaho follows modified comparative negligence principles, which allows a car accident victim to recover compensation, even if they were partially at fault. They can still seek financial recovery as long as the other party was at least 51 percent liable for the crash.
Therefore, if you received a ticket and were partially to blame, but you were less than 50 percent to blame, you can seek compensation. Your compensation will be reduced by your percentage of fault, but receiving any compensation for your losses is better than none. This is why you should always discuss a possible claim with a lawyer.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
Now you know that receiving a ticket after an accident has occurred does not automatically indicate fault and that multiple parties can effectively share fault. If you are being wrongfully blamed for an accident or you need to prove another driver was more to blame than you, having the right legal representation is important.
Our Boise, Idaho attorneys at Andrew Injury Law have experience navigating car accident claims. We can review your case and discuss your options. Contact us here to learn how we can help.
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A contingency fee is a type of payment arrangement that our Idaho personal injury firm uses. It is an agreement with our clients where our attorney’s fee is contingent upon the successful outcome of the case. In other words, we only receive payment if we win the case or secure a favorable settlement for you. That payment comes from your final settlement or award, so you never need funds from your own pocket to pay us.
Under a contingency fee agreement, Andrew Injury Law also typically covers all the upfront costs associated with your case, such as court fees, document preparation, expert witnesses, and investigation expenses. These costs are then recouped from the final settlement or judgment if the case is successful.
We use contingency fees to provide access to justice for those without the financial means to afford legal representation. It allows everyone to pursue a personal injury claim with the right legal help – and without worrying about the added cost.
Read more about contingency fees here.
Personal injury damages refer to the compensation you might be entitled to if you suffered harm due to the wrongful conduct of someone else. The law provides relief for such injuries in the form of monetary damages.
Damages can fall into different categories:
Economic damages – These compensate for financial losses you can prove with bills or receipts. They often include medical bills, lost income from missing work, out-of-pocket injury-related costs, future expenses and lost earnings, and more.
Noneconomic damages – Some losses are not tied to bills or expenses, but you still deserve compensation for them. Some intangible and noneconomic damages include pain and suffering, mental trauma, and permanent disabilities or disfigurement.
Punitive damages – These do not apply in every case. However, if the party that caused your injuries acted so egregiously that the court decides to impose additional liability, the court may award punitive damages to you up to a certain amount. These are not tied to your specific losses, but instead the conduct of the defendant.
Read More: Is Idaho a No-Fault State?
States set deadlines for taking legal action called statutes of limitations. Once the deadline passes, you cannot file a successful claim. In Idaho, the statute of limitations is two years from the date of the injury, and there are few exceptions to this time limit.
The purpose of a statute of limitations is to ensure that legal actions are initiated within a reasonable period after the injury occurs. It provides a degree of certainty and finality to potential legal disputes and helps ensure evidence is reliable and does not weaken over time.
However, the statute of limitations also means you need to act fast following a personal injury. There is much to do before filing a lawsuit, so always seek help from Andrew Injury Law as soon as you know you have injuries and suspect someone else was at fault.
Read more about the Idaho statute of limitations here.
Naturally, you want to know how much money you might expect for your injuries and losses. Settlements and awards can vary widely – ranging from a few thousand dollars to multi-millions. Unfortunately, there is no way to advise what your claim might be worth without fully evaluating your circumstances.
Some factors we consider when determining the value of your claim include:
The insurance company will undervalue your claim – but we never will. You can trust Andrew Injury Law to fight for the total compensation you need and deserve.
Read more about how a personal injury claim in Idaho is calculated here.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
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