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No Citation – No Claim?

No Citation – No Claim?

According to the National Highway Transport Safety Administration [Overview of the 2019 Crash Investigation Sampling System (dot.gov)] 2019 data about 17,000 car accidents happen every day in the United States. There are various causes of car accidents throughout the country, however, more often than not accidents are a result of a driver’s negligence. When this is the case a police officer may give the negligent driver a ticket or citation. But this is not always the case, as such, some people are of the opinion that if the negligent driver is not given a citation for the accident then there is no case against them. This will be the subject of our discussion.

A police officer is likely to arrive on the scene of an accident after a call has been made to 911 giving information about the accident.  In instances where it is immediately determinable what the cause of the accident is and if negligence can be ascertained by the police officer then the negligent or at-fault driver will be given a citation for their actions. However, this may not always be the case as a citation can only be given when the police officer has evidence of a traffic violation. To learn more in respect of whether you have a valid car accident Anchorage [https://www.crowsonlaw.com/alaska-personal-injury-lawyers/automobile-accidents/] case speak to an experienced personal injury lawyer today.

Many people think that if the officer does not write a citation for the at-fault driver then they do not have a valid claim against that driver. This is not true; even if the at-fault driver is not given a citation they are likely liable for your injuries and losses due to their negligent acts. In order to determine whether or not the driver is liable for the accident note some of the common causes of car accidents that are linked to driver negligence:

  • Reckless driving
  • Driving under the influence
  • Speeding
  • Distracted driving

In order to prove that a driver acted negligently and thus caused the accident it is important to have the necessary evidence to prove this. Such evidence can be provided by way of the following information:

  • Police report - inasmuch as the police officer may not give the other driver a citation; the police report may provide evidence in respect of an accident claim. Therefore, it is of the utmost importance to obtain a copy of the report once it has been filed. The report may include witness statements, important road markings such a skid marks, observations of the drivers, etc.
  • Photos and videos also play an important part in providing evidence as they document the accident scene, property damage as well as any visible injuries that are sustained as a result of the accident. Be sure to capture any skid marks or damaged objects that may be lying on the road.
  • Witness statements are also an important piece of evidence as witnesses are able to provide information of the accident from a different perspective. If the witnesses are willing and comfortable ask them to provide contact information and a statement of what they have seen.
  • Be sure to get all the driver information of the driver who was involved in the accident. Their name, contact information and insurance company provider.
Categories: Auto Accidents
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