Many times, we speak with potential clients who are unsure of what to do if no one received a ticket for an accident. In some cases, when the police aren’t called or when the officer who arrives on scene is unable to immediately determine who is at fault for an accident, no citation will be issued. This not does mean that no one is at fault for the accident.
While a citation is helpful in establishing fault, it is not the final determination as to what happened in an accident. As helpful (or unhelpful) that an officer may be, unless they actually witnessed an accident, it can be difficult in some cases for an officer to say exactly what caused an accident. More important than whether an officer gave a ticket or not, is the evidence that will ultimately dictate who is at fault for an accident.
Typically, the damage (and amount of damages) to the vehicles can show the points of impact where the vehicles collided and can help determine fault. The final resting points of the vehicles can also give an idea as to who caused an accident. Additionally, the testimony of the drivers and any passengers or witnesses helps determine what happened in an accident.
So while a citation can be important in establishing fault against one driver or the other, it is the actual facts and circumstances as described by the parties involved and the evidence at the scene and from the damages to the vehicles that will ultimately prove who is at fault for an accident. If you’ve suffered an injury in an accident as a result of the negligence of another driver, even if the other driver did not receive a ticket, call Givens Givens Sparks for a free consultation regarding your options moving forward.