Being involved in a car accident can turn your life upside down. If you experience serious injuries or significant damage to the vehicle, those costs can be challenging to manage. After a car accident, the police may issue a ticket to the drivers involved for violating traffic laws. Police officers can issue tickets for moving violations or non-moving violations.
A traffic ticket against the other driver can be significant evidence for an insurance claim or personal injury lawsuit if a car accident is not your fault. Unfortunately, police officers do not always issue tickets for all car accidents, which can impact the outcome of your claim.
Traffic Tickets as Evidence of Fault in Car Accidents
Tickets are issued at the discretion of the police officer investigating the accident scene. Receiving a traffic ticket indicates that the recipient is at fault for violating traffic laws, such as speeding, reckless driving, or failing to signal when turning or changing lanes.
This scenario would simplify your claims process because the police officer would have a legal document stating that the other driver is at fault. The burden of proof in a civil case is not as high as a criminal procedure.
You must prove that the other driver is more likely than not responsible for the collision. If you have a documented traffic ticket that demonstrates the driver’s fault, this could be enough evidence to support your claim.
The Absence of a Police Report and its Implications
If there’s no official accident report or traffic ticket, assigning fault in your insurance or personal injury claim could be far more challenging without these documents as evidence.
Although the lack of a police report or ticket could complicate your claim, this does not mean the accident was not the other driver’s fault. The police officer has complete discretion on whether to issue a ticket, so it is not always indicative of a no-fault accident when they don’t.
However, if there is a ticket or police report filed after your accident, you should always request a copy to use as evidence in your claim.
Reasons Why No Ticket May Be Issued
The police officer may not issue a traffic ticket to the at-fault driver even if you believe it’s necessary. There are several reasons why no traffic tickets may be issued after a car accident.
Minor Accidents with No Injuries
Not every car accident warrants a severe consequence for the parties involved. If you and the other party were not injured in the collision and there is very little property damage, there is no need to establish fault or issue a ticket.
A minor traffic accident results in few damages, so it may not involve any claims. You wouldn’t need a ticket to serve as evidence in this type of car accident case because there are no damages to be covered via a settlement.
Lack of Clear Evidence of Fault
In severe car accidents with injuries or property damage, neither driver may get a ticket if fault is disputed. Perhaps there is insufficient evidence from the accident scene for the police officer to determine who caused the collision. The officer may have decided that both parties are at fault for causing the crash.
When determining fault is challenging, no ticket will be issued because neither party is the clear culprit of the accident. This situation does not mean you cannot win a lawsuit against the other driver. It simply means proving fault could be more challenging since the police investigation could not determine who was primarily responsible.
In many car accidents, no one is at fault because other factors, such as inclement weather or adverse road conditions, caused the collisions. If your car accident involves no citations for fault, you will need to find other evidence to support your claim.
Discretion of Police Officers
Issuing traffic tickets is entirely up to the police officers investigating the crash. Even if a traffic violation has occurred and it is apparent, the officers can choose to avoid giving out tickets. Officers have complete discretion under the law to issue tickets, so they are not obligated to do so if there are traffic violations or apparent fault in an accident.
Even time constraints could result in no tickets for the drivers involved, especially if the officers are focused on other priorities at the scene.
Focus on Other Priorities
Police officers have a sworn duty to protect and serve all civilians. Under this oath, they cannot simply ignore people who may be in danger after a bad car accident. Officers may have other priorities at the scene of your accident, preventing them from creating a ticket and issuing it to the at-fault party.
Additionally, they are responsible for securing the scene so no one gets hurt after the collision. If the car accident occurred on a busy road or at an intersection, they could be busy managing traffic and ensuring everyone involved in the accident scene, including emergency personnel, is safe from further incidents.
The officers could also be busy attending to accident victims with major injuries and getting them to safety. These priorities would put issuing tickets on the back burner and may result in no tickets being given.
Your Ability to Pursue a Claim If No Ticket Was Issued
A car accident claim may be your best option for compensation when facing medical bills, property damage, emotional distress, or physical pain and suffering. If you are dealing with injuries and vehicle damage, you may only be filing an insurance claim. In either case, the lack of a ticket issued to the at-fault driver will impact your claim in several ways.
First, the absence of a ticket does not mean you cannot file a personal injury claim. If you have been hurt in a car accident and suffered legal damages, you have the right to file a lawsuit against the at-fault party for negligence.
However, your ability to prove fault will be affected. A ticket clearly indicates that the recipient is guilty of a traffic violation at some level, suggesting they are likely at fault for the car accident. Without this document, you will need to rely on other evidence to prove that they are more likely than not responsible for your injuries and legal damages.
Proving Fault in the Absence of a Ticket
Proving fault in a car accident for a personal injury lawsuit is a challenging obstacle without a ticket. You must prove that the defendant owed you a particular duty of care, that they breached that duty, and that their actions directly caused the accident and the ensuing legal damages.
To support your personal injury case, you will need compelling evidence like witness statements, photos of the scene, car accident footage, or expert testimony. These elements can help establish fault even if no ticket was issued to the negligent driver after the collision.
The Role of a Car Accident Lawyer
If you want to increase your chances of winning a personal injury case, you need an experienced lawyer on your side. With the right legal team, you can overcome the barrier of no traffic tickets being issued to the responsible party. Here are several ways a car accident lawyer can strengthen your case for compensation.
Investigating and Gathering Evidence
Evidence becomes even more critical when there is no ticket after a car accident. You must build a strong case that proves the other driver is more likely than not at fault for the collision. Most people are unfamiliar with the various types of evidence that can support their claims. Your lawyer will know what data will strengthen your case and increase your chances of winning.
They will gather information such as eyewitness testimonies, opinions of accident reconstruction specialists, medical records, and photos or footage of the incident to prove that the other party is responsible for your injuries.
Negotiating with Insurance Companies
The other driver’s insurance company will want to avoid a large payout for your settlement. The more money they pay, the harder it hits their bottom line. As a result, insurance companies may use low first offers and bullying tactics to intimidate accident victims into accepting smaller settlements.
You will need a qualified attorney specializing in car accident cases to prevent this from happening with your claim. This legal representative will ensure your rights are protected during the negotiation process. They will stand up for what you deserve and pursue compensation that covers all your losses after the accident.
Representing You in Court
When you attempt to recover compensation in a personal injury lawsuit, you will likely reach an agreement during settlement negotiations with the defendant and their insurance company. However, in rare cases, a stubborn defendant or a dispute over fault may force the claim to be settled in a civil trial.
Preparing for a trial can be scary if you are unfamiliar with personal injury laws, which is why you need an experienced lawyer to guide you. Your attorney will represent your interests during this stage of the personal injury case and prepare you for the trial if a fair settlement cannot be reached.
Free Case Evaluation to Explore Your Legal Options!
You have the right to seek compensation if you are suffering from legal damages after a car accident. Medical bills, vehicle repair costs, lost wages, emotional distress, physical pain, and loss of enjoyment of life could all be the consequences of your crash. You could pursue justice with a civil lawsuit if someone else’s negligence caused that collision.
However, proving fault in a car accident when no ticket is issued to the at-fault party is challenging. You will need enough compelling evidence to prove that they are more likely than not responsible for your injuries. Since the police officer may not choose to issue tickets after their investigation, you’ll need assistance with your claim if you want to earn fair compensation.
Rosenfeld Injury Lawyers specializes in car accident cases. We have worked with many accident victims to secure compensation for their legal damages, including cases where no tickets were issued. Though the burden of proof may seem higher, our experience ensures you have the best chance of winning a fair settlement.
Call 888-424-5757 or complete our contact form for a free legal consultation with a Chicago car crash lawyer.