Car Accident, My Fault, No Ticket: A What to Do Guide When car accidents happen, everyone knows to assess any injuries and damages, exchange contact and insurance company information, and call a police officer to file a police report. However, when the police officer arrives on the scene, people wait to see who is going to get the ticket. A police officer is going to give a ticket to the at-fault driver. However, there are some circumstances where that does not happen. When an officer leaves the scene without providing a traffic ticket, many questions arise regarding what has happened and where to go from there. This post is going to break down why this may have happened and what the next steps should be.
Why No Ticket Was Issued
- There were no laws broken. A traffic ticket is only issued when there has been a traffic violation, but a ticket cannot be issued if there is none. Additionally, most car accidents happen because a driver is doing something illegal. However, if the officer cannot prove that someone was doing something illegal, a ticket cannot be given.
- The police officer could not determine fault. When a car accident has happened, the police can usually determine how the accident occurred. However, some police officers cannot find who’s at fault.
Can a Police Officer Write a Ticket Afterward?
Yes. It seems unfair that this can happen, but the police are allowed to send a traffic citation later in the mail after leaving the scene of the accident. Do not think that there is no one coming by post just because a ticket has not been issued at the scene.
Can a Lawsuit Still Be Filed?
Yes. Even if there were no traffic violations, an injury claim could be made if an injury has occurred. The at-fault driver can be found negligent with a personal injury lawsuit. When a car accident happens, there are many ways to prove fault. The other driver can receive the police report, testimonies, video footage, and physical evidence. All of this can be used in a personal injury claim to state a negligence case. However, the appropriate evidence must be gathered about the car accident before filing a claim. This is important because the lawyer is going to want to show that the other driver is at fault, so it's vital to gather the proper evidence needed.
How to Prove Fault
It's all about evidence when it comes to proving fault after a car accident: the more evidence gathered, the better. However, when speaking to the police, personal injury lawyers, or the insurance companies, do not admit fault. It is better to have them conduct their investigations and come up with their report. Evidence needs to be collected for those who want to prove that the other driver's negligence caused the car accident. This can be photographs, medical records, eyewitness statements, police reports, and treatment history. All this information should be given to the lawyer in order to prepare the case.
Different Evidence & How It Can Help
There are two types of evidence: circumstantial evidence and direct evidence. When a driver admits fault, that is direct evidence. If a witness statement is given, then this is also direct evidence. However, circumstantial evidence is when logical inferences need to be made from evidence. An example of circumstantial evidence is if the lawyer states that a pedestrian was wearing a raincoat. The lawyer can use this as circumstantial evidence to infer that it was raining outside because someone was wearing a raincoat. Obviously, direct evidence is stronger to work with, but it is essential to gather both kinds of evidence for any lawyer. When both forms of evidence are collected, the lawyer is going to know how to utilize it during a case. #BBD0E0 »