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Traffic Laws and Accident Liability: What Drivers Need to Know

Traffic Laws and Accident Liability NJ - Police officers investigating a vehicle accident, taking notes and measuring at a busy street scene with onlookers.

Traffic laws serve as the foundation for determining fault in accident cases by establishing a standard of care all drivers must follow. When you violate these laws and an accident occurs, it creates a presumption of negligence that can significantly impact liability determinations.

Understanding how traffic laws affect your legal position after an accident can be the difference between being fully compensated or bearing the financial burden yourself. Whether you're dealing with a simple fender bender or a complex multi-vehicle collision, the experienced attorneys at Lord, Kobrin, Alvarez & Fattell can help you chart the intricate connection between traffic laws and accident liability to protect your rights.

Understanding Traffic Laws and Their Purpose

Police officer discussing accident liability with drivers at the scene, explaining legal responsibilities post-accident.

Traffic laws structure the legal backbone of road safety, establishing clear rules that all drivers must follow. These regulations create order on roadways, reduce accidents, and provide a framework for determining liability when crashes occur.

How Traffic Laws Establish Standards of Care

Traffic laws define the minimum standards expected from road users. These laws create legal obligations that establish a “duty of care” toward others sharing the road.

These standards become crucial in accident cases by providing objective benchmarks for evaluating driver conduct.

If a driver violates a traffic law and causes an accident, this breach often triggers “negligence per se,” creating a presumption of fault.

Traffic Laws vs. Administrative Regulations

Traffic laws differ from administrative regulations in scope and enforcement. Traffic laws carry immediate legal consequences including citations and fines.

Administrative regulations primarily govern bureaucratic aspects of driving privileges.

According to the NHTSA, states with stronger traffic law enforcement experience fewer fatal crashes.

Traffic law violations often create direct liability, while administrative violations typically don't affect fault determinations.

Common Traffic Violations That Lead to Liability

Busy intersection with clear traffic signals showing vehicles stopping at a red light and pedestrians waiting to cross.

Traffic violations significantly impact accident liability determinations. When drivers break established rules, they're more likely to be found at fault.

Speeding and Reckless Driving

Speeding and reckless driving increase accident liability by compromising vehicle control and reaction time. In accidents involving speeding, drivers face presumptive fault as courts view this as disregard for safety.

Speeding contributed to 29% of traffic fatalities in 2020. The attorneys at Lord, Kobrin, Alvarez & Fattell examine speed as an essential liability factor.

Distracted Driving and Mobile Phone Use

Distracted driving, particularly mobile phone use, creates substantial liability. Texting while driving increases crash risk by 23 times, combining visual, manual, and cognitive distractions.

Many states prohibit handheld phone use while driving. Evidence of cell phone activity often establishes negligence automatically.

DUI/DWI Offenses

DUI/DWI offenses establish clear liability as they demonstrate extreme negligence. Courts typically apply “negligence per se” to intoxicated drivers, meaning the violation itself proves negligence.

In 2019, alcohol-impaired driving accounted for 28% of traffic deaths. Chemical tests, field sobriety footage, and officer testimony create nearly insurmountable liability for intoxicated drivers.

Driver safety instructor demonstrating the consequences of poor decisions while driving using a simulated crash scene.

Negligence per se automatically establishes negligence when someone violates a statute designed to prevent the harm that occurred.

When Traffic Violations Create Presumptions of Negligence

Traffic violations trigger presumptions of negligence when they breach laws intended to prevent accidents.

Courts apply negligence per se when: (1) a statute was violated, (2) the violation caused injury, and (3) the plaintiff belongs to the class the statute aims to protect.

In approximately 67% of intersection crashes, traffic signal violations are considered determinative evidence of fault.

Defenses to Negligence Per Se Claims

Several defenses can counter negligence per se claims. The emergency doctrine protects drivers who violate traffic laws to avoid imminent danger.

Statutory compliance impossibility offers a defense when following the law is physically impossible.

Defendants may argue their violation didn't cause the plaintiff's injuries or that the plaintiff's negligence contributed.

Comparative negligence defenses succeed in about 35% of cases where negligence per se is initially presumed.

Comparative and Contributory Negligence in Traffic Accidents

State negligence laws impact how accident liability is distributed when multiple parties share fault.

How Multiple Violations Affect Liability

Multiple traffic violations compound liability. When you commit several infractions, courts typically assign higher percentages of fault.

Combining violations increases accident risk by 2-4 times compared to single violations.

Multiple violations create a cumulative negligence effect, making it harder to dispute fault and typically resulting in higher damage awards.

Shared Fault Scenarios

Shared fault occurs in about 40% of multi-vehicle accidents. Comparative negligence states (46 states) reduce compensation by your percentage of fault.

The four contributory negligence states (Alabama, Maryland, North Carolina, Virginia) plus Washington D.C. bar recovery if you're even 1% at fault. Lord, Kobrin, Alvarez & Fattell excel at navigating these nuanced fault determinations.

Special Liability Considerations

Special liability considerations apply to different types of road users and vehicles.

Commercial Driver Regulations

Commercial drivers face stricter liability standards due to federal regulations. These drivers must maintain logs, undergo drug testing, and follow hours-of-service limitations.

Violations of these regulations often establish clear liability, with courts recognizing the increased danger posed by large commercial vehicles.

Motorcycle and Bicycle-Specific Laws

Motorcyclists and cyclists operate under specialized traffic laws that affect liability determinations. States have enacted lane-splitting regulations and mandatory helmet laws that impact compensation.

For cyclists, dedicated bike lanes create specific rights-of-way rules, while the “three-foot rule” in 35 states requires motorists to maintain minimum passing distances.

How Traffic Law Violations Are Proven in Court

Traffic law violations structure the foundation of liability claims. Courts rely on various forms of evidence to establish these violations.

Driving Record and Pattern of Behavior

A driver's history of violations impacts liability determinations. Past infractions establish patterns of careless driving that courts consider when assessing fault, creating a compelling narrative of negligence.

Specific Violations and Proximate Cause

For a traffic violation to establish liability, it must have a direct connection to the accident's cause. This legal principle, proximate cause, links the violation to the resulting harm.

Evidence like skid marks, vehicle positioning, and impact points help establish this crucial connection.

The Role of Police Reports and Citations

Police reports document traffic violations at accident scenes. These reports contain officer observations, statements, and determinations of violations. Citations create presumptions of fault that impact liability cases.

Courts often treat these documents as prima facie evidence of violations.

Technology and Evidence Collection

Modern technology has revolutionized evidence collection. Dashboard cameras capture pre-accident behavior, while traffic cameras document violations with timestamp precision.

GPS data tracks speeds and movements, while event data recorders record critical pre-crash information, increasing successful liability determinations by up to 60%.

Insurance Implications of Traffic Violations

Traffic violations significantly impact insurance coverage and claims processes.

Evidence of Negligence

Traffic violations establish strong evidence of negligence, often triggering “negligence per se.” When you violate traffic laws causing an accident, courts typically presume you're at fault.

Insurance companies rely on these violations to justify claim denials or reduced settlements.

Impact on Insurance Rates

Traffic violations trigger premium increases that persist for years. Rate hikes range from 20% for minor infractions to over 80% for serious violations like DUIs, typically remaining for 3-5 years.

How Violations Affect Coverage and Claims

Traffic violations can void portions of insurance coverage, particularly for willful misconduct. Many policies contain exclusion clauses for accidents resulting from illegal acts.

After violations, insurers scrutinize claims more intensely, often delaying payouts during investigations.

No-Fault Insurance Considerations

In no-fault states, traffic violations still impact coverage. Most no-fault policies include “serious injury thresholds” permitting lawsuits when injuries exceed certain severity levels.

Insurers use violation records to adjust premiums, creating financial consequences that persist regardless of the claim system.

Conclusion

Traffic laws structure the foundation of accident liability determinations. Understanding how these laws affect your case can dramatically impact compensation outcomes.

Traffic violations create legal presumptions that shape every aspect of liability claims.

Working with attorneys who understand these nuances helps navigate the complex interaction between traffic violations and liability, ensuring your rights are protected when fault is contested.

Contact Lord, Kobrin, Alvarez, and Fattell for a FREE consultation.
Our dedicated team is ready to fight for your rights.
908-232-7666
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