Does Someone Always Get a Ticket After an Accident?

Originally published July 27, 2020.

After a car accident in Louisiana, you are legally required to call the police to file a report if the accident resulted in injuries or caused more than $500 in damage. And after the responding officer questions both you and the other driver about what happened, they will likely write a ticket to be issued to either you or the other driver.

Police officers issue tickets when they see or believe a driver was violating the law, such as speeding, running a traffic light or stop sign, following another vehicle too closely, or driving under the influence of alcohol, to name a few possible examples.

However, it is possible for a car accident to occur and no ticket to be written.

Why Was No Ticket Written After My Car Accident?

Although this usually isn’t the case, it is possible for a crash to occur even when no traffic laws were broken. In these circumstances, the officer would have no cause to write a ticket.

A more likely reason that an officer would not write a ticket after a crash is because they were unable to determine whether either driver broke the law without having been there to witness the crash.

For example, when responding to a rear-end collision at a stop sign, the police officer can easily conclude the driver of the second car failed to come to a halt and thus write them a ticket. But other crashes may not be as clear-cut.

Can I File an Injury Claim If No Ticket Was Issued After My Crash?

Absolutely! While tickets are useful evidence in proving who may have been at fault for an accident, they aren’t necessary to file a claim.

An experienced New Orleans car accident attorney can still build a case that proves the other driver caused your injuries by using other evidence.

This may include:

• Looking at damage to and position of the vehicles
• Looking at skid marks on the road
• Listening to witness statements
• Hiring expert witnesses
• Checking cell phone records to see if the other driver was texting at the time of the crash
• Checking credit card statements to see if the other driver was purchasing alcohol shortly before the crash
• Checking medical records to see if the other driver was on medication that causes drowsiness
• And more

What If I’m Injured in a Car Crash, But the Officer Wrote Me a Ticket?

Louisiana follows “comparative fault” doctrine when it comes to accidents that cause injuries. This means it’s possible for more than one person to be at fault for an accident, and it’s possible for both drivers in a crash to be issued tickets!

As long as you are not determined to be 100% at fault for the accident, you can still get compensation. However, your compensation will be reduced by the amount at which you are deemed at fault.

For example, if your claim is worth $10,000 but you’re assigned 50% of fault, you will only be able to receive $5,000 in compensation.

That’s why it’s important to contest a ticket and consult a lawyer even in an accident that was partially your fault. A lawyer can help argue to reduce the percentage of fault you are assigned and increase the amount of compensation you can get.

Can I Get a Ticket Days After the Accident Happened?

Yes, although this is rare. This usually happens when police were not called immediately after the accident, but the other person involved in the accident does call and files a police report days later.

It can also happen when the police officer completes an investigation of the accident and is then able to make a judgment on who was at fault only after obtaining more evidence.

When You’ve Been Injured in a Crash, Call Dudley DeBosier Injury Lawyers

At Dudley DeBosier Injury Lawyers, we’ve helped many Louisianans get the compensation they need to cover their medical bills, lost wages, and more after car accidents caused by other people. We know how frustrating it is to face expenses you can’t afford due to other people’s negligence, and we want to help make things right again.

Contact us today for a free case review. When you get our team on your side, you’ll never owe us a cent for fighting on your behalf unless we win your claim.

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