What Happens if I Get Cited for an Accident Where I Was Injured?
Let's picture your situation for a moment. You have just gotten into a car accident and have sustained quite a few injuries, none of which are life-threatening. However, you still need to take time off from work to recover from the injuries. The biggest problem is that you were cited for being at-fault for the accident while the other driver was not.
You aren't sure how to move forward to get the financial stability you need while recovering from your injuries. Let's take a look at what happens after you are cited and what you can do about the situation, shall we?
Getting a Ticket: Clear Indicator of Fault
When police officers arrive on the scene of an automobile accident, one of the things they will do is find out who is at fault for the accident. You, the other driver, or both drivers may be found at fault for the accident. The police officer on the scene of the accident might give the person at fault a ticket for the accident itself.
If you are at fault, you will be the one getting a ticket before leaving the scene. This ticket is a very clear indicator for each person involved in this situation that you are at fault. If you are given a ticket and the other person sues you, then your insurance carrier will try to settle the case as quickly as possible because of your ticket.
It will be an uphill battle for you to contest the ticket, even if the other driver does not file a suit against you down the road. If you file a claim against your insurance carrier after the accident but have a ticket, you will most likely be denied for the amount you go after. The only way you may get the money you seek is if the other driver is cited for the accident as well.
Contesting the Ticket
If you are injured in an accident and want to sue the other driver, your first action should be to contest the ticket you received from the police officer. If the court sees that you have a ticket when suing the other driver, the judge will assume you are at fault for the accident itself. This means that the judge will automatically side with the other driver. This part of the process can be quite difficult at times, but there are ways you can win the case.
More often than not, it will be your word against the officer's. If you have witnesses to the accident itself, you should bring them with you to the court date. These witnesses can help you win the case and drop the ticket against you. You'll always want a lawyer with you since you will be virtually unable to win in the act of contesting the ticket on your own.
What if We Both Get Tickets?
When both drivers are cited for the accident, this means you and the other driver are seen as partially at-fault. However, this does not mean that the "blame" is split directly down the middle, which can lead to contentious fights in court.
Both you and the other driver will be scrambling to find evidence that the other person is more at fault for the accident than you yourself. This is another situation where you need a lawyer to help you during your time in court.
If you were involved in an auto accident, regardless of fault, consider calling an attorney. Our Greenville auto accident lawyers at Ricci Law Firm, P.A. can help you determine fault and take any necessary legal action. Call us at (252) 285-4081, or contact us online by clicking here.