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.