Can You Sue For A Car Accident If The Other Driver Didn't Get A Ticket?

Posted on: 16 February 2022

After a car accident, the police will often give a ticket to whoever caused it. This can be important information for your personal injury claim. But does the police not giving a ticket mean that you don't have a personal injury case?

What Exactly Does a Traffic Ticket Mean?

A traffic ticket isn't always the same thing as deciding fault for an accident. A traffic ticket just means that whoever got it broke a traffic law. The law for traffic violations and personal injury cases are two different things. Of course, there is a lot of overlap because traffic tickets are usually for unsafe driving, and your reason for suing in a car accident claim is usually unsafe driving.

The most important result of a traffic ticket is that a neutral police officer found that a driver did something that was against the law. This is often better evidence in court than two drivers giving conflicting statements about what happened.

When Does a Traffic Ticket Matter?

A traffic ticket matters when it is for something related to showing how the accident happened. This might be speeding, running a red light, or being distracted by a cellphone.

Traffic tickets for unrelated things don't matter. This might include not wearing a seatbelt or having an expired insurance card.

Can You Make a Case Without a Traffic Ticket?

You don't need a traffic ticket to prove a personal injury case. A traffic ticket can be evidence, but there are other types of evidence. You only need to be able to prove what happened.

For example, you might live in a city where the police don't give tickets if they didn't personally witness the violation. You could still win in court with things like a video, witness statements, and showing where the cars were damaged.

Similarly, a police officer might choose to issue a ticket for a violation for lack of evidence. This is only that officer's opinion, and you can still make your case in court.

Can You Always Make a Case With a Traffic Ticket?

A traffic ticket doesn't mean you automatically win. The defendant could argue that the officer was wrong or that there isn't enough evidence based on personal injury law. So while a ticket could help your case, don't think you lost a guaranteed win if the officer didn't give one.

To learn more about suing for a car accident even if the other driver didn't get a ticket, contact a local personal injury lawyer today.


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