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.

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. 

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.