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The At-Fault Driver Was Not Cited in My Car Accident. Can I Still Pursue a Legal Claim?

Many believe that if the at-fault driver received a citation after a motor vehicle accident, this is proof of negligence.  On the other hand, others believe that if the at-fault driver did not receive a citation, they may not be able to prove negligence.  While a traffic citation is powerful evidence that the other driver’s negligence or recklessness caused your accident, it is not the only evidence that can show fault. You can still pursue a personal injury claim to cover the cost of your damages even if the other driver was not cited after the accident. Here is more about the type evidence that can support your case.

Circumstantial vs. Direct Evidence of Fault

A traffic ticket is considered direct evidence of fault, but even without one, there are many indicators of negligence, including other types of direct evidence as well as circumstantial evidence. Examples of other forms of direct evidence include the at-fault driver’s statement admitting he or she caused the accident, or one of the at-fault driver’s passengers admitting that the driver was speeding or recklessly operating their motor vehicle.

Police on the scene of the accident will look for any evidence of traffic violations, but sometimes things are missed or there are conflicting accounts of what happened, and a citation is never issued. The police report may indicate whether any other factors, including possible traffic violations, may have contributed to the accident.

If there is not any direct evidence of fault in your case, we can look to circumstantial evidence to show negligence or recklessness. Circumstantial evidence includes:

  • The position of the vehicles at the time of the accident
  • Traffic conditions at the time of the accident
  • The position of the vehicles after the accident
  • Damage to the vehicles after the accident
  • Damage to other property
  • The weather and time of day
  • Skid marks
  • Witness statements
  • Photographs
  • Impairment due to alcohol or drugs

In most instances, car accidents have a great deal of circumstantial evidence. While one or two of these factors alone may not be enough to prove the other driver’s negligence or fault, many of these factors combined can build a solid case. For example, evidence of a significant impact, skid marks, rain at the time of the accident, and a witness statement that the other car appeared out of nowhere, can show that the other driver was most likely driving too fast for weather conditions.  And based on the circumstantial evidence, an accident reconstruction can be performed which may be helpful in proving the fault of the negligent driver. 

Contact Us for Advice after a Car Accident

If you have been injured in a car accident, you may be entitled to compensation even if the other driver was not issued a citation. For more information about whether you have a personal injury claim, please contact the Georgia accident attorneys at Katz Personal Injury Lawyers today at (404) 460-0101. Your initial consultation is free and we charge no attorney’s fee unless we win your case.

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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
After my car accident, I was looking for an attorney and came across the name Katz Personal Injury Lawyers. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
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