Yes, you certainly could still have a case!
Don’t be discouraged if you’ve gotten a ticket in relation to your accident, but do consult with an experienced accident attorney. Every automobile collision has a different story or set of facts, and it’s the job of an attorney to look at the facts, use them, and apply the law to them in order to resolve the ultimate issue in every automobile collision case – determining who is responsible. Because, of course, whoever is responsible must pay for the other person’s injuries.
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The fact that you received a citation from the police does not mean that you are automatically responsible for the accident.
Let’s look at two examples – when a citation is unrelated and when an eyewitness proves otherwise:
Citation is unrelated: Say someone pulls out in front of you on the road and causes a collision because of his or her failure to pay attention. Your driver’s license might be expired at the time of the collision, and you might receive a citation from the police afterwards for driving without a valid driver’s license, but that does not mean that you are responsible for the collision. The other driver who was not paying attention and pulled out in front of you should be held legally responsible for the collision.
Eyewitness proves otherwise: Say you are waiting to make a turn and a car swerves out of its lane and hits you. Afterwards it might be hard to tell who ran into whom, and if the police officer did not see the collision, he might issue you a citation for failure to yield. You know you are not responsible for the collision, and If there is a witness who actually saw the other driver cause the collision, you might be able to prove the other party is responsible regardless of the citation for failure to yield. The eyewitness story of someone present at the time and place of the automobile collision can be powerful evidence, and it is important to get the contact information of any witnesses who are present at the scene.
An experienced attorney can help.
While it is always a good idea to obey the law and avoid getting a citation, the fact that you get one might not be a determining factor in establishing fault in an accident. Your best course of action is to consult with an experienced accident attorney to see if the citation you received has anything to do with your case – especially if you are injured.
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