A common question we see here at Schenk Podolsky is, “I was in a car accident, but no ticket was issued?” Not only is this a popular question but it’s also a very common occurrence. Here’s what typically happens. The accident occurs and the officer shows up to the scene. After making sure everyone is okay and checking if there are any witnesses he begins to interview the drivers. Each driver usually has their own story, neither being the same. The officer, the drivers and the insurance companies are all going to be wondering who was at fault. Establishing fault in a car accident is the ultimate factor in deciding who’s insurance is paying for what. While at the scene of the accident, each driver has conflicting stories and there are no witnesses the police officer cannot establish fault to decide who broke what law. Therefore it’s likely to see a car accident with no ticket issued.
When an officer doesn’t witness a car accident or isn’t able to see the position of the cars immediately after the accident they will not assign fault or write anyone a ticket without an independent witness present. The police in Phoenix are very familiar with the traffic on freeways, heavy traveling times and the intersections and streets around the valley. They are a great source for us, as attorneys they can help with additional information, testimonies and police reports. Just because a ticket wasn’t issued, it doesn’t mean no one is at fault. Make sure to collect all the necessary information and take notes after an accident. When no is at fault, this is where it becomes important to contact our firm in Mesa for a free consultation to learn more about your case and what can be done to protect yourself from damages, losses or the financial compensation for injuries. Our firm, Schenk Podolsky Attorneys at Law is committed to providing comprehensive representation for accidents throughout Phoenix, The East Valley and Maricopa County.
Reasons a Ticket Could Be Issued During a Motor Vehicle Accident
As car accident lawyers in Mesa and Phoenix, we’ve seen many different cases throughout the valley where someone has been cited with a ticket. There are some pretty clear reasons for someone to receive a ticket during an accident and others at times are not as clear. Keep some of these in mind to look out for signs that traffic laws were clearly broken, causing the other person to be at fault during the accident. Not only will this protect you and help out when speaking to the officer on the scene, it could also be useful in receiving a settlement from the others insurance company. Here are a few reasons someone might receive a ticket during a car accident:
- Drunk Driving Car or Driving Under The Influence (pay attention to the other people involved, their behavior, speech and notice if you smell any alcohol)
- Aggressive Driving or Speeding (take note of where your car was located during the accident and it’s position after impact)
- Illegal U-Turns (keep an eye out and take pictures of traffic signs, and street signs)
- Ignored Traffic Signals
- Driving Without a License
- Driving Without Insurance
Police Issuing or Not Issuing Tickets During a Car Accident
Ultimately there is no requirement for the police officer to issue a citation to anyone during a car accident, unless the law is broken. If the officer didn’t see the accident and no one was in violation of the law, there are no grounds to issue a ticket. Car Accidents happen, that’s why they are called accidents. After receiving statements from witnesses and all of the parties involved, the officer will write up and submit his or her accident report. This is in its simplest form all that is required of the officer.
Once the police report is finished and the scene has been cleared, it’s time for the parties involved in the car crash to submit their claims to insurance. At this point it’s up to the insurance companies to reach an agreement in or out of court for a proper settlement. The insurance companies are required to provide fair compensation for the damages to property and injuries as a result of the car accident. However, this is not always the case or what the opposing insurance company deems “Fair” isn’t really a substantial settlement to cover medical costs, damages and diminished value on your vehicle.
Contact A Car Accident Law Firm
Keep in mind, Insurance companies are always going to look out for their own best interest. We recommend you don’t settle without talking to an attorney. Like us, many law firms throughout Phoenix and the country offer free consultations, case review or second opinions.
If you have been injured in a car accident in Phoenix, Mesa, Gilbert, Chandler or Queen Creek contact us today to set up an appointment. We look forward to helping you understand the system and the process of dealing with a car accident.
What’s Involved In a Car Accident Claim.
To begin with, you are liable to file an injury claim if the accident occurred was due to the negligence of the other driver. In case you were at fault, you are not liable to do so and will rather look very stupid while trying to file a claim. However, if you are the innocent party in the accident, then you need to start proceedings as soon as the accident happens.
After you have ensured that people in both the cars are protected and have summoned an ambulance if needed, the next step is to get information from the other driver. Make certain you take down their name, registration number, contact information, as well as pictures of yours and their car if probable. This is not the time to argue whose error it was; you just entail getting the basic information so you can file the claim and continue with the proceedings. Also, it is optimum not to talk too much to the other driver.
Once you have the information, you need to talk to witnesses present at the time of the accident about what they saw, and more importantly, their contact information. Your lawyer will contact them when you forward your injury claim. You should also note down what the weather was like, and exactly what happened so that your testimony if needed, is clear and consistent with that of the witnesses. Once the police arrive, give them your statement and make sure you get the report number so you can inform your lawyer.
Once this part is over, go to the hospital and get your injuries, if any, taken care of. Also, get additional tests if you are experiencing any pains. Make sure your doctor tests you for internal injuries as well. After your treatment, make sure you not only get your receipts but also your doctor’s contact information so they can appear as a witness for your side if needed.
Now, call an attorney. Locate one who focuses on accident compensation claims and plans a meeting with him/her. In your meeting, give him/her with all the facts. Start with the get in touch with details for the other driver and give the pictures, police statement information, hospital receipts, as well as contact information of the witnesses.
Most lawyers job on a “no win no fee” basis which means they will not get compensated except you win the case. Also, your legal representative can have their payment paid for by the defendant, which is the other driver, in case you win, so make certain you chat about this in the meeting as well.
Car Accident Claim
Now the question arises as to how to claim insurance if your meets with an accident. Immediately after the accident, certain details can be conveyed by anybody if the owner is not in a position to do so. After that the company will put somebody in touch with the caller and offer guidance to settle all your claims. One noteworthy thing is that in a case of death, the compensation is settled in the court and it takes about five years to settle this claim, as lot many departments are involved in the settlement of a claim and then court procedures are after all court procedures.
Format for claim settlement
The following information may have to be furnished immediately while you intimate about your claim:
- -Policy Number
- – Name, Contact No. and address of Insured person
- – Vehicle number
- – Make and Model of car
- – A brief description of the accident
- – Particulars and contact details of the garage
- -Date , Time and place of accident
- – Approximate Extent of loss
- -Address and contact details of the individual intimating about claim
- – Whether it is Insurance for car
- -Whether it is damage claim
- – Whether it is claimed against theft
- – Whether it is third-party claim
Once you have retained their services, the lawful representative will take care of all. He/she may confirm all the information you provided, and you will most prone also have to go to a different general practitioner to certify your injuries. You legal representative will contact the defendant, and talk to their lawyers. If they recommend a settlement up front, do talk about it with your lawyer before accepting or refusing it. Now you have what’s Involved In a Accident Claim give your mesa injury lawyers a call should need help after an accident.
You look at the clock in your car and it reads 7:30am. It’s about that time, but you’re used to this now and that’s why you’ve decided to leave an hour before you are due to the destination. Another day in the life of Phoenix driving. On a daily basis of getting around town most cases you will need to jump onto a freeway, if not connect from freeway to freeway. This can significantly decrease your driving time, and mostly be a positive experience. However, you probably also know the struggle of getting onto the freeway at the right times. With the Phoenix-Mesa metropolitan area offering options for work, school, and housing, you might find it is not uncommon to travel a distance from one to the other.
Phoenix High Traffic Times
Traffic times can vary depending on which direction you are heading. Safe to say that in the morning you can experience a peak in traffic from 6am-9am and later in the day from 4pm-7pm. For some this can be a time of self reflection and clear head space. You get some time to think, listen to music, or even an audio book while driving. When the time is right, driving is quite the enjoyable task. But, if you get on during traffic times it can be stressful and all too easy to caught up in frustration. A great day can suddenly turn sour when you see the ITS (Intelligent Transportation Signs) and it reads your stop, increased delay. In some cases, if you leave just 5 minutes too early or too late it can have a 20-30 minute impact. If time is not the only factor, lets add how dangerous it can be when people are in a rush, having to switch lanes, and switch on-ramps. You hear babies crying in backseats, many conversations, music, and then the squeal and crunch of a car accident. Now you’re on the I-10 nearing the tunnel, with an accident in the middle of the road, and you know you’re out of luck.
Now it’s not just about time, and slow speed traffic, but now what occurs will dramatically effect how long you will spend in your car on the freeway. If you have been in an car accident in phoenix before you are familiar that it doesn’t always get taken care of quickly. You take pictures, trade information with the other person and carefully take your vehicles out of the way of other drivers. Getting off of the freeway as a passerby-er will even prove difficult. You can use your blinker on for some time before you can get over, merge lanes, and try re-route. Re-routing is not always an option though and so you stay on the freeway hoping that soon the flow will pick back up and you can be on your way with reasonable speeds. So instead of getting caught in the mix and wanting to pull your hair out, find professionals who are there to help aid in the experience. There are apps you can download to assist in where the traffic delays are happening, and there are websites that narrow down where accidents are, and that can be avoided. Even just sticking to the frontage roads for a few miles when passing a congestion by can be beneficial. If you are choosing between the options of the I-17 and the 51, the 51 is the better option, at pretty much any time.
If you are able to, carpooling is very effective in lessening the amount of cars on the road and has it’s own HOV lane that is under utilized during peak hours of the day. To be a little prepared you can check live traffic online at abc 15 Arizona Luckily over time, and with the fast growing population, more routes with better updated information are becoming available.
If by poor circumstances you become the reason for stopped traffic due to an accident, make sure to give us a call to walk you through the process of ensuring your protected from any damages.
Sometimes you may be involved in an accident but it was not your fault. It can be a challenging situation, but there are several steps you need to take so that you will ensure your rights are protected. There are many motorists on the road and few of them observe traffic rules. This is why you shroud be prepared and know your rights so that you will void any form of exploitation if by any means you are exposed to an accident which was not your fault. First, you need to take necessary steps and collect evidence then inform all necessary authorities. If there is someone who has been injured in the accident, ensure you carry out first aid and seek medical attention immediately.
Call the police
Many states will require you to call the police if you have been involved in an accident where someone has been injured. You will as well have to call the police if there is damage to property of more than given set limit. Some states will require you to report damage to your car of over $500 others will allow you to call the police if you have been involved in an accident where your car has incurred damage of more than $1,000. Although there are limits to when you should call the police, always make an effort and call them if you consider your car has been damaged. This is necessary because if you are not an expert it can be very hard for you to estimate the damage which has been caused to your car due to the accident.
Be honest with the police
It is always necessary for you to inform the police of exactly what happened. If there are witnesses in your car or on the streets, just ask them to let you know what has just happened. This is necessary because in some incidences you may end up forgetting about what may have happened due to panic which you will be exposed to. Always give the correct account of what happened for you to avoid cases where you will be charged wrongly of violating road rules or even being fine where you will have to pay for damages caused to the other road users. Remember even if you were not on the wrong, the other party may argue against you. This will be a tricky case if you will not piece all the evidence together to have the police record the right statement.
Don’t admit fault
Avoid admitting fault after an accident. For example, you may not be the one at the wrong but due to your instincts you end up offering an apology to the other driver. If you were not on the wrong, the other driver will use your apology as a show of remorse of what you did wrong. This can be constructed to make you appear as if you were on the wrong. This in effect will lead you to having a case to answer even if you did absolutely nothing wrong during the accident.
Listen to what the other driver says
If the other driver is wise, he will not admit guilt. However, gilt may take over and he or she ends up admitting. If the driver will admit, then you can inform the police and your insurance company later. This is necessary for you to be protected from paying excessive insurance and repairs later.
Contact your insurance company ASAP
After filling a report with the police, the next step you should take is to call your insurance company immediately. There are some insurance companies which have provisions where you will have to incur more cost if you will not report the accident immediately. In order to avoid cases where you will be on the wrong side of the law, which will work against you, just make an effort of reporting the accident as soon as it happens. If you need any legal help, just contact the best car accident lawyers who will represent you in the court of law so that you will be compensated accordingly. Take your time and choose the best lawyers who will offer you great services.
How To Find The Right Lawyer For Your Car Accident
Schenk Podolsky Personal Injury Attorneys
4140 E Baseline Rd #101, Mesa, AZ 85206
Car accidents can rarely be avoided. One minute you are gliding down the freeway in Mesa or in Phoenix Arizona, the next minute a burly guy in a tiny car hits your bumper. What do you do when you find yourself in such a situation? Well, the first thing you will want to do in this situation is to minimize the losses incurred. This is where a car accident lawyer comes in. This type of lawyer will help you make your claim to insurance companies. They will typically engage with the other party’s insurer, engage with health workers for your medical records in case of injury, collect sufficient evidence for liability and negotiate with insurance providers on your behalf.
Car accident lawyers help you get a satisfactory settlement from your insurance providers or from the other party if you are suing. Given the importance of these attorneys, you must take considerable care while choosing one. Your attorney can make the difference between a great settlement and a not so great one.
Choosing a good car accident attorney is more than flipping through television commercials or your local phone directory. It requires a lot of tact and diligence. Below we share a few factors to consider when selecting a car accident lawyer.
1. Are they qualified to handle such a case?
Lawyers go to school for a very long time to get their qualifications. In addition, they have to be certified by the relevant national or state bodies. Look out for such credentials. You wouldn’t want to work with someone who is inexperienced, right? In addition, ask for ratings or any awards they may have received. These can help you to figure out if they can handle your case well.
2. How much experience do they have?
The attorney you select must have a significant amount of experience specifically in car accident cases. Inquire how many such cases they have dealt with. Did they settle or did they go to trial? You want to know that should the worst come to worst your lawyer can proceed to a full trial. First select a law firm which has been in the industry for long, then let them find you a lawyer who has more than five years’ experience in that field.
3. Do they communicate well with their clients?
During any legal process, communication between lawyer and client is paramount for success. There are lawyers who refuse to take their clients’ calls and only appear during the settlement negotiations or trial. This is the kind of lawyer that you must avoid. Ask the attorney if they support open lines of communication. How long will you have to wait for a response when you send an email or letter? Can they schedule an appointment in a matter of days when you need them to? Do they treat every case like a priority or only care about those that rake in millions? If you know someone who has worked with them, inquire independently about this issue from them before choosing this lawyer.
4. Is there anyone who can vouch for them?
The best advertisers, it is said, are past clients. If the lawyer has handled many car accident cases satisfactorily before, there will be a bevy of clients looking to give a good testimonial. Ask for referrals from your friends or relatives. If you can’t get any referrals, you could get client reviews from the attorney’s own website. They may also give you references if you ask. Make sure you hear from at least one person that this attorneys’ work is credible before you select them.
5. What fees will they charge?
If you have just had a car accident, you may not have a lot of money to spare. You need to ask the lawyer what fees they will ask for. Will they require a retainer or other expense fee? Do they charge on an hourly basis or a contingency fee? What happens once you settle; how much commission will they take? Even though you would like to incur low legal fees, don’t select a lawyer who is financially desperate. You don’t want your lawyer to be motivated only by money. They should be passionate about the case too otherwise they will not do a good job. The office surroundings often give you a glimpse into the attorney’s financial profile. Don’t hesitate to check it out.
Car accident attorneys are many in Mesa and Phoenix Arizona. Following the tips above will help you select the most suitable one for your case.