In a personal injury car accident, the driver who caused the accident may be given a traffic ticket by the police for an offense such as Speeding or Following Too Closely. This traffic ticket will usually be handled in the local village, town or city court. So, for example, here in Erie County, New York, a traffic ticket issued in the Town of Amherst would be handled in Amherst Town Court. In some larger regions, like the City of Buffalo, traffic tickets are subject to an administrative hearing instead of being heard in court.
If you are suing someone in a personal injury car accident case, your personal injury attorney will need to establish that the other driver was negligent. Under New York State law, the mere fact that the other driver was issued a ticket, even if the driver is found guilty after trial, is not evidence of negligence. If, however, the other driver pleads guilty instead of being found guilty after a trial, that plea is considered an admission by the other driver to the conduct that led to the ticket being issued. This admission may be used as evidence against the other driver in a personal injury accident case.
{ 0 comments… add one now }