Many drivers who cause accidents where people are injured receive a ticket or citation relating to their conduct. A traffic ticket is usually addressed in traffic court where the matter is heard by a judge. Because a traffic court is considered a quasi-criminal tribunal and there are different standards for evidence, the outcome of a traffic court case is usually inadmissible in a civil court where automobile accident lawsuits involving personal injuries are filed.
However, if a person ‘pleads guilty’ in a traffic case, such evidence is almost universally admissible in a civil case because it is considered to be an admission of a party. See Hartigan v. Robertson (1980), 87 Ill. App. 3d 732, 409 N.E.2d 366; Cogdill v. Durham (1976), 43 Ill. App. 3d 940, 358 N.E.2d 6; Galvan v. Torres (1956), 8 Ill. App. 2d 227, 131 N.E.2d 367. In situations where a driver has pleaded guilty to a traffic violation, a certified copy of the plea may be ordered and used as evidence in the personal injury matter.
Why Hiring a Personal Injury Attorney Early-On in the Legal Process Can be Important
For most people, getting into a car crash is a complete shock and can never be predicted. Sometimes this means delaying in hiring a lawyer to represent them until months after a crash. In some situations, the delay is irrelevant. In other situations, the delay in having representation early on can prejudice your rights for recovery down the road.
One of the reasons you should have an attorney representing your interests in the injury context is that they can tell you when and where any ancillary traffic court case is and if you need to be present for the case. In the majority of car accident cases when a driver is ticketed, the case may be continued numerous times before it is heard before a judge. These continuances can be frustrating and difficult to keep track of. At Rosenfeld Injury Lawyers we track every traffic court case related to our client’s accident and can advise you when and where you need to be present. In many situations, we will have one of our attorneys at the traffic court date to help you as well as a court reporter to document the testimony of the defendant-driver and any witnesses.
Do You Have Questions About the Traffic Court Case Related to Your Accident?
Rosenfeld Injury Lawyers is committed to providing the best possible representation to individuals injured in car accidents in Illinois. If you have questions about a traffic court hearing or other matter related to your accident, we welcome the opportunity to discuss you legal rights and obligations with you. Contact our office today and begin the process of getting the compensation that you deserve for your case.
For additional information see the following pages:
- Do I need to give a statement to an insurance company following an auto accident where I was injured?
- How long do you have to file a lawsuit for personal injuries related to a car accident arising in Chicago, IL?
- How long does it take to settle an Illinois car accident case involving injuries?
- How much does it cost to hire a lawyer to represent me in a personal injury case arising out of an Illinois auto accident?
- I don’t understand why my car insurance needs to pay for injuries I sustained when another person caused the accident
- I was told the driver of the vehicle I was involved in an accident with had full coverage. What does that mean?
- I was unable to work for several months following my car accident; can I recover my lost wages?
- If the car was owned by a company, is the company responsible for paying my personal injuries?
- Is car insurance mandatory for drivers in Illinois?
- My health insurance company said they have subrogation rights related to my auto accident case. What does that mean?
- Can I pursue a claim on behalf of my son against my husband?
- My surgeon wants to put a lien on my car accident case. What is he doing?
- The driver of the vehicle who caused my Chicago car accident was arrested for DUI. Can a claim be pursued for punitive damages?
- What type of monetary damages does the law provide for in automobile accident cases in IL?
- Why is the car insurance company denying my claim for property damage and medical expenses?