In these instances, investigators may look to whether a person was cited for a moving violation; such as speeding, an unsafe lane change or even improper use of a cell phone. In the liability analysis, a moving violation is important because it can be viewed as a prima facie (first look) case of negligence. Essentially, a citation can be seen as hard evidence that a driver failed to use reasonable care while behind the wheel, and that such a failure was the proximate cause of the accident.
As such, if you have been in a crash, and you have reason to believe that the other driver was cited for a moving violation, chances are that it will help in establishing their negligence.
The preceding is not legal advice. Questions about a driver’s rights and options should be brought to an experienced personal injury attorney.