Does a Traffic Citation Mean the Other Driver Is Automatically at Fault?
If you’ve been in a car accident in Texas, you might assume that a traffic citation automatically proves the other driver is at fault. That’s not necessarily true.
Why a Citation Isn’t Proof of Fault
Traffic citations are written by police officers, but:
The officer may not have witnessed the accident firsthand.
People can misrepresent what happened at the scene.
Both drivers could be partially at fault, even if one receives a citation.
Mistakes happen — officers can issue citations in error.
Because of this, a citation alone does not guarantee liability in a car accident case.
When a Citation Can Help Your Case
In certain situations, a citation can strengthen your case through a legal concept called negligence per se.
Negligence per se applies when someone violates a law that is designed to protect others — like speeding, running a red light, or failing to yield.
If you can show that the violation of that law directly caused your injuries, a jury may find the driver automatically negligent.
Even then, the jury must still consider the extent of damages caused by the negligent act.
Why You Should Still Hire an Attorney
Even if the other driver received a citation:
The insurance company may still dispute fault.
An attorney knows how to use the citation effectively while also gathering other evidence, like witness statements, photos, or surveillance footage.
They ensure your case value is fully preserved, especially for pain and suffering, medical bills, and future treatment.
A citation is helpful, but it’s just one piece of the puzzle. Proper legal guidance is essential to ensure you get the compensation you deserve.
