If you were involved in an accident on a public street in New Orleans and there is damage or injuries to either vehicle or person, it’s a pretty safe bet that someone will get a ticket. Whether you receive the ticket depends on your actions during the wreck.
At Crescent City Law, we understand the stress and uncertainty that follows a traffic accident. Our team, led by experienced traffic attorney John Radziewicz, has the compassion and dedication to ensure you receive the best possible defense and support, guiding you through every step of the process and fighting for your rights.
What Are Some Common Types of Tickets Issued After an Accident?
Even if it’s hard to determine who, if anyone, was at fault in an accident, police will likely issue a citation to someone at the scene. There are rare cases, however, when officers cannot determine who’s at fault at the scene, and it will be up to your insurance companies to decide who was at fault or who was more at fault.
The reason that traffic tickets are so often issued at accident scenes is two-fold:
- There is often evidence that a traffic violation did occur
- It also helps with the insurance and claims process
Here are some common types of tickets that police give after a traffic accident:
Careless Operation
This is a very common citation given after a wreck. This traffic law requires drivers to drive “carefully and prudently” without putting anyone’s life in danger. Police will often fall back on to determine fault at the scene if you do not get a traffic ticket for something specific such as:
- Speeding
- Following too closely
- Texting while driving
Speeding
You can expect a hefty fine if you were going faster than the posted speed limit and it caused a crash. Sometimes, it is your word against the other driver’s, but in some cases, traffic investigators can determine if you were speeding by examining certain elements of the crash scene, such as:
- Skid marks
- Vehicle damage
- Witness statements
- Traffic camera footage
- The location and severity of impact
- Electronic data from the vehicle’s event data recorder (EDR)
Hiring a traffic attorney can help reduce the fine or have the ticket thrown out, depending on the accident and damages.
Failure to Follow Traffic Signs
If you or the person you were in an accident with blew through a stop sign or red light, that would be grounds for a traffic ticket. If it’s your word against the other driver’s, there might be witnesses at the scene who can help corroborate your side of the story.
Following Too Closely
This is vaguely defined by Louisiana Revised Statute (LRS) 32:81. The statute says you shall not follow another vehicle closer than what is “reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.”
If you rear-end someone, chances are you will get a ticket for following too closely.
DWI and Vehicular Negligent Injuring
If you are suspected of being under the influence of alcohol or drugs and you are involved in a crash with injuries, you could be facing charges of DWI and vehicular negligent injuring.
You will have to address these criminal charges outside of traffic court. A criminal defense attorney who is also skilled in traffic cases, like our team at Crescent City Law, can provide the expertise and support needed to address these charges effectively.
Understanding the common types of tickets issued after an accident is crucial. Being informed can help you prepare and respond effectively if you find yourself in such a situation.
Now, let’s look at the statute of limitation for traffic tickets in Louisiana and why it’s essential to act promptly.
Louisiana Traffic Ticket Reporting and Retention
In Louisiana, a traffic ticket remains on a driver’s record for three years after a final guilty disposition.
However, Louisiana Revised Statutes § 32:32:393 states that failure to pay a traffic fine cannot be reported to a consumer reporting agency or appear on a consumer report unless 120 days have passed since the final disposition.
A final disposition is defined as a final conviction that cannot be appealed, reviewed, or dismissed.
How Can a Traffic Ticket Attorney Help You?
Traffic accidents are common in New Orleans and can be very costly. Beyond having to pay expensive accident tickets, these tickets often increase your auto insurance premiums. Having an attorney assist you can help prevent the long-term costs of an accident from affecting you.
Here’s how an attorney can help, from citation to representation in traffic court:
- Provide Legal Advice: Help you understand your rights and the best course of action.
- Gather and Present Evidence: Collect and present evidence to contest the ticket.
- Negotiate with Prosecutors: Work to reduce charges or fines through negotiation.
- Represent You in Court: Provide representation in traffic court to fight the ticket.
Contact Our Traffic Ticket Attorney in New Orleans Today
If you want to fight your speeding ticket, our team at Crescent City Law has a proven track record of successfully defending clients against traffic tickets. Contact us today at Crescent City Law to have your questions answered, learn about your options, or submit your ticket online.
