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When car accidents happen, everyone knows to assess any injuries and damages, exchange contact and insurance company information, and call a police officer to file a police report. However, when the police officer arrives on the scene, people wait to see who is going to get the ticket.
A police officer is going to give a ticket to the at-fault driver. However, there are some circumstances where that does not happen. When an officer leaves the scene without providing a traffic ticket, many questions arise regarding what has happened and where to go from there.
This post is going to break down why this may have happened and what the next steps should be.
Why No Ticket Was Issued
There were no laws broken. A traffic ticket is only issued when there has been a traffic violation, but a ticket cannot be issued if there is none. Additionally, most car accidents happen because a driver is doing something illegal. However, if the officer cannot prove that someone was doing something illegal, a ticket cannot be given.
The police officer could not determine fault. When a car accident has happened, the police can usually determine how the accident occurred. However, some police officers cannot find who’s at fault.
Can a Police Officer Write a Ticket Afterward?
Yes. It seems unfair that this can happen, but the police are allowed to send a traffic citation later in the mail after leaving the scene of the accident. Do not think that there is no one coming by post just because a ticket has not been issued at the scene.
Can a Lawsuit Still Be Filed?
Yes. Even if there were no traffic violations, an injury claim could be made if an injury has occurred. The at-fault driver can be found negligent with a personal injury lawsuit.
When a car accident happens, there are many ways to prove fault. The other driver can receive the police report, testimonies, video footage, and physical evidence. All of this can be used in a personal injury claim to state a negligence case.
However, the appropriate evidence must be gathered about the car accident before filing a claim. This is important because the lawyer is going to want to show that the other driver is at fault, so it's vital to gather the proper evidence needed.
How to Prove Fault
It's all about evidence when it comes to proving fault after a car accident: the more evidence gathered, the better. However, when speaking to the police, personal injury lawyers, or the insurance companies, do not admit fault. It is better to have them conduct their investigations and come up with their report.
Evidence needs to be collected for those who want to prove that the other driver's negligence caused the car accident. This can be photographs, medical records, eyewitness statements, police reports, and treatment history. All this information should be given to the lawyer in order to prepare the case.
Different Evidence & How It Can Help
There are two types of evidence: circumstantial evidence and direct evidence.
When a driver admits fault, that is direct evidence. If a witness statement is given, then this is also direct evidence. However, circumstantial evidence is when logical inferences need to be made from evidence.
An example of circumstantial evidence is if the lawyer states that a pedestrian was wearing a raincoat. The lawyer can use this as circumstantial evidence to infer that it was raining outside because someone was wearing a raincoat.
Obviously, direct evidence is stronger to work with, but it is essential to gather both kinds of evidence for any lawyer. When both forms of evidence are collected, the lawyer is going to know how to utilize it during a case.
What Does the Insurance Company Do After an Accident?
After a car accident, it is essential to contact the insurance company. They are going to conduct a further investigation to see how the accident happened, who is at fault, and how much this will affect the driver's insurance.
At first, it's going to want to know all the facts. It is essential to be transparent with the details of the accident without admitting fault. Once fault is admitted, then the insurance company can raise its prices.
Afterward, people may gather evidence from the accident. Moreover, they may take pictures and witness statements to give to them. Additionally, the insurance company can inform the driver on what they want to determine who is at fault.
The next step is to share the police report. If there is a report available, then people may inform the insurance company and give them a copy.
Lastly, the driver can file a claim with the insurance company. This is going to point out how much the insurance company is going to give towards the damage after the car crash.
Speaking to a Professional Today
After a car accident has occurred and there is no ticket, it can get tricky to determine who is at fault and what to do next. If you are wondering, "Should I get a lawyer for a car accident that wasn't my fault?", you definitely should. At Powell Law Firm, many attorneys are prepared to talk with any driver.
Many of the Powell Law Firm attorneys have helped those who have been in car accidents. They also help those who encounter a leased car accident that is not their fault. It is essential to work with individuals who have the knowledge, experience, and expertise.
Drivers may call for a consultation so that someone from the team can get in contact as soon as possible.
Conclusion
After a car accident, many people are shaken up and do not know what to do right away, especially if they are at fault. Also, if the police issue no ticket, that can cause a lot of panic. However, it is important to remember to follow the correct protocol in these situations.
Drivers must gather as much evidence as they can from the scene. While speaking to the police, it's critical to not admit fault. People may speak with the insurance company about what to do next, then talk with St Louis MO car accident lawyers to discuss filing a claim.
When a person follows the correct steps, they have a better chance of receiving their desired outcome. People may call Powell Law Firm for any questions regarding a car accident claim.
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