Is a Police Ticket a Definitive Factor in Determining Fault?

At the scene of a car accident, the responding police officer’s primary job is to secure the area, get medical help for those who need it, and restore order. As part of their investigation, they will listen to both drivers, talk to witnesses, and assess the physical evidence.¹ Based on their professional judgment, they may issue a traffic ticket—also called a citation or infraction—to the driver they believe violated a rule of the road.

When that ticket is handed out, it can feel like the final word. The driver who receives it feels a sinking sense of guilt, while the other driver feels a wave of validation. It’s easy to assume that the ticket automatically and definitively settles the question of who was at fault for the accident.

But is that really the case? Is a traffic ticket the “smoking gun” that guarantees a win in your insurance claim?

The answer is nuanced: A police ticket is one of the single most powerful and persuasive pieces of evidence for determining fault, but it is not legally definitive. It is strong evidence, but it is not the final, unchallengeable word.

Useful Information for You: In a Nutshell

• It’s Powerful Evidence: An insurance adjuster will place significant weight on the police report and any citations issued when making their initial fault determination.
• It is NOT Definitive Proof: A traffic ticket is the officer’s opinion based on their on-scene investigation.² It is not a formal legal judgment of liability for the accident.
  
   
• Inadmissible in Court: In Washington State, a traffic infraction citation is generally not admissible as evidence in a civil court case for personal injuries.
• You Can (and Should) Fight an Unfair Ticket: If you received a ticket but believe you were not at fault, it is crucial to fight the ticket in traffic court to protect your record and your claim.³
  
   
• The Absence of a Ticket Doesn’t Mean No Fault: If neither driver gets a ticket, it does not mean fault was 50/50. Fault will still be determined based on all other available evidence.

Why the Ticket is So Influential with Insurance Companies

Let’s be practical. While a ticket may not be the final word legally, it is incredibly persuasive during the insurance claims process. When an adjuster reviews a claim, the police report is their primary guide.

• It’s an Impartial Opinion: The officer is a neutral, trained third party. Their assessment of who violated the law is given significant weight.
• It Signals Clear Negligence: A citation for an act like “Failure to Yield” or “Following Too Closely” is a direct statement that the driver breached their legal duty of care—the very definition of negligence.
• It Simplifies the Decision: For an adjuster handling hundreds of claims, a ticket is a clear indicator that allows them to quickly assign primary fault and move the claim forward.

For these reasons, if the other driver gets a ticket and you do not, you are in a very strong position to win your claim.

The Difference Between Traffic Court and Civil Court

So, if a ticket is so powerful, why isn’t it definitive? Because the ticket deals with a traffic infraction, which is a dispute between a driver and the State. Your accident claim, however, is a civil matter between you and the other driver. These are two separate legal arenas.

Crucially, under Washington State’s Rules of Evidence, the fact that a driver was issued a traffic ticket is generally not admissible as evidence in a subsequent civil lawsuit for damages. A jury will never be told that the other driver got a ticket.

Why? Because the standard of proof is different, and the ticket itself is considered hearsay—it’s just the officer’s opinion of what happened. In a civil trial, your attorney must independently prove the other driver’s negligence using the underlying evidence (photos, witness testimony, expert analysis), not by simply waving the ticket in front of the jury.

What to Do If You Unfairly Received a Ticket

If you were given a ticket for an accident you believe was not your fault, you should not just pay it. Paying the ticket is an admission of guilt for the infraction.⁴ It is vital to contest the ticket in traffic court. If you successfully fight the ticket and it is dismissed, the insurance company can no longer use it as their primary reason for placing you at fault.

The role of a traffic ticket is one of the key complexities where legal guidance can be invaluable. An experienced attorney understands how to leverage a ticket against the other driver while also knowing how to fight back if you were the one unfairly cited.⁵

If you’ve been in an accident in the Tacoma area and a traffic ticket is complicating your claim, search the Car Accident Lawyer Directory Tacoma. Compare profiles and reviews of trusted local attorneys who can help you navigate the legal system and ensure the true cause of the accident is brought to light.

References

• Washington Courts – Rule of Evidence 408 & 803(22):These court rules govern what evidence is admissible. Traffic infractions are generally considered inadmissible in civil cases as they are offers of compromise or not considered as reliable as a criminal conviction.https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ER
• Washington State Legislature – RCW 46.63.020 – Violations as traffic infractions:The state law that defines most traffic violations as non-criminal “traffic infractions.” This distinction is part of why they are treated differently from criminal convictions in civil court.https://app.leg.wa.gov/RCW/default.aspx?cite=46.63.020