When you’re in an accident and it’s someone else’s fault, you might hope a police officer would cite the other driver with a traffic violation. Unfortunately, sometimes this doesn’t happen. A car accident with no ticket issued can leave you feeling concerned about the strength of your car accident case down the line.
Fortunately, you don’t need to worry too much about a ticket when it comes to seeking damages against a negligent driver. Traffic citations on their own can’t be used as evidence in a personal injury case.
If you’ve recently been in an accident and the other driver was at fault but not issued a ticket, reaching out to an experienced Long Island car accident attorney can help you make the strongest possible case to prove it.
At the law firm of Carner & DeVita, ensuring you have a solid case and seeking to collect the maximum damages from negligent parties is our primary concern. Give us a call at (631) 543-7070 or contact us online at any time to schedule a free consultation at no risk to you.
Why didn’t the police issue a ticket?
There are a few likely reasons the officer reporting to the scene of your accident chose not to issue a citation.
They Couldn’t Determine the Cause
Accident scenes can be complicated. Police officers can’t always accurately determine if someone was speeding, committing stopping violations, or distracted at the time of an accident. When the parties involved can’t agree on what happened, it further complicated matters. An officer might choose to play it conservatively and not issue a ticket unless they feel confident in their assessment of the scene.
They Decided a Law Wasn’t Broken
Sometimes accidents happen without an actual violation occurring. A driver might earnestly not see you in time to stop, or get distracted by a passenger in their vehicle, or maneuver quickly to avoid one bad situation only to wind up in an accident because of it. In any case, a police officer might not issue a ticket if they don’t suspect a violation has occurred.
They Decided the Accident Isn’t Worth It
Even when one party is obviously at fault, there is a chance that the reporting officer decides the accident is not worth the trouble of issuing a ticket and will have all involved parties simply exchange insurance information and be on their way
However, police officers can get things wrong, miss crucial information and evidence, and misjudge who is at fault in an accident. A ticket does not determine fault, and the lack of a ticket does not mean no one was at fault.
Citations and Insurance
When dealing with your insurance, a traffic ticket may play more of a role in the negotiating process than in court. Although a ticket may not be admitted as evidence in litigation, it can indicate to an insurance adjuster that fault may be obvious, allowing you a better chance to settle for an acceptable amount outside of court.
By providing an insurance company with an immense amount of evidence supporting your claim that another driver was at fault, you stand a much better chance at evading their attempts to low-ball you, delay your claim, and refuse payment. While a ticket won’t win your case for you, it can help, especially when it comes on top of the police report, medical documentation, and other evidence.
Comparative Negligence in New York
Fault in personal injury cases is determined based on proportional contributory negligence. The more responsibility you have for damages incurred, the less you’re able to recover from other responsible parties. So, if a court determines you’re 25% responsible for an accident on Long Island, you will be able to recover 75% of your damages from other responsible parties.
This is important to the issue of traffic citations because the amount of fault you’re ascribed when this process carries out in court cannot be influenced merely by the existence of a ticket. Whether your accident involved 0 tickets or 10 tickets should not find its way into the legal arguments of either side in a court setting.
Get Legal Help When You Have a Car Accident With No Ticket Issued
Seeking legal help with your Long Island car accident case is a great way to boost your chances at successfully recovering the maximum damages from negligent parties. Whether you were issued a ticket in an accident, no ticket was issued, or everyone involved got a ticket, a competent attorney will explain that it should have no direct bearing on the outcome of your personal injury case if it reaches a courtroom.
At Carner & DeVita, we’ve successfully helped the victims of Long Island car accidents recover damages from negligent drivers for decades, and we want to help you, too. Get in touch with us to schedule a free consultation and discuss the details of your car accident with an experienced New York car accident attorney. Call us at (631) 543-7070 or contact us online.