What to Do If No Ticket Is Issued: Car Accident Tips for Victims

In the event of a car accident, a ticket is the formal admission that there may have been a traffic infraction. In legal and insurance processes, it can be an important piece of evidence and aid in determining fault. Not every accident situation results in the issuance of a traffic ticket, though.

If no one else saw the accident and there are no trustworthy witnesses to give a precise account of what happened, police officers may choose not to issue a ticket. Furthermore, even in cases where an accident occurs, a police officer may choose not to issue a traffic ticket if they think that no regulations were broken.

It’s important to understand that the absence of a ticket does not necessarily mean that no one was at fault. Accidents can still involve negligence or mistakes that contributed to the event, even without a clear violation of the law.

However, a ticket issued by the police doesn’t always provide the final verdict on who’s responsible for a car accident. Insurance companies and attorneys, such as those at The Clark Law Office, usually carry out further investigation to figure out who’s liable. They’ll consider photos, what witnesses say, and the damage to the vehicles before making a decision. These investigations take a closer look at all the details, not just whether or not traffic tickets were given.

Determining Fault in a Car Accident

In Michigan car accidents, proving negligence is important to resolving who is liable for covering damages. Fault plays a major role because it impacts how compensation is divided between the parties involved. Usually, the fault is determined through a combination of the police officer’s report, input from witnesses, and physical evidence, such as the condition of the vehicles and the scene of the accident.

A police report can be important in proving fault, even in situations where no traffic ticket is issued. It usually contains important details that can support a statement. Through this information, an experienced attorney specializing in auto accidents can effectively establish fault, gather proof, and establish liability in order to obtain a fair settlement.

The Role of Evidence in a Car Accident Case

Evidence is essential to the legal procedures involved in a car accident claim. The evidence gathered during the investigation helps in proving liability, establishing fault, and determining the amount of compensation.  In these cases, various types of evidence are used, each of which has a distinct impact on the case resolution.

All types of evidence help contribute a clear picture of what happened during the accident. Taken together, they aid in the determination of the damages and liability of the negligent driver. Evidence can help to prove negligence and if the liable party violated traffic laws that led to the car crash. Personal injury lawyers usually conduct independent investigations to determine fault and find the cause of why the accident occurred.

Comparative Fault Laws and Their Impact

A legal concept known as the doctrine of comparative negligence is applied to assign liability when multiple parties may share responsibility for an event. According to this theory, each party’s share of the blame is determined by their degree of responsibility. The percentage of guilt incurred by a party lowers the maximum compensation that can be awarded. For instance, the compensation of one party would be lowered by 30% if it were determined that they were 30% to blame for an accident.

Michigan follows a modified comparative negligence rule. If a party’s share of the fault is less than 50%, they may still be able to seek damages under Michigan law. If an individual is determined to be more than 50% at fault, they will not be eligible to receive any non-economic damages, such as pain and suffering, but they will still be eligible to receive economic damages, which will be diminished by their degree of culpability, such as medical bills. It does not disqualify anyone from receiving their no-fault benefits.

It might be difficult and confusing to fully understand Michigan’s comparative fault rules, which is why getting the help of a car accident attorney is a must. An attorney can help in the collection of evidence, conducting an independent investigation, negotiation with the driver’s insurance company, development of legal strategies to maximize compensation, and court representation when needed. A dedicated lawyer can also help with the victim’s legal questions.

Compensation Available for Injuries

Car accident victims who pursue compensation can have access to three main types of compensation. These are economic, non-economic, and punitive damages.

Economic damages are tangible losses that are simple to measure and whose worth is independent of the jury assessing them. Economic damages might include out-of-pocket costs, lost earning capability, household services, medical expenses from the past and present, lost wages from the present and the future, property damage, and vocational rehabilitation.

Non-economic damages include pain, emotional distress, humiliation, reputational harm, loss of enjoyment of activities, and aggravation of previous injuries. They are known as agony and suffering in some states. These damages are more subjective and address the emotional and psychological impacts of a car accident.

In addition to compensatory damages, punitive damages—also referred to as exemplary damages—are granted in personal injury cases. Courts and juries have the authority to award them.

Punitive damages are granted less frequently and are meant to penalize the other driver who caused the car accident rather than provide the victim with direct compensation. Usually, in situations when the actions of the at fault party were especially careless or malevolent, such as in reckless driving incidents, these damages are reserved. The intention is to serve as a warning to others and discourage future instances of the same behavior.

Next Steps After a Car Accident

It is important to maintain a clear mind, if at all possible, after a car accident. Here are some steps that victims of a car accident should remember to take.

Trust your instinct and prioritize safety above all else.

After an accident, the first priority should always be health and safety. It’s crucial to pay attention to the body’s signals when injured and to refrain from doing any activities that can worsen the condition. If possible, go to a safe area, but if movement is not possible, stay and call for help. Seek medical attention even if there are no obvious signs of injuries.

Gather information on the car accident scene.

At the scene, try to gather as much information as possible while waiting for the responding officer. This entails capturing pictures of the cars, the state of the road, and any obvious injuries. If at all possible, obtain witness statements and exchange contact and insurance information with the other parties. Later on, when evaluating fault, seeking compensation, and taking legal action, this evidence may prove to be essential.

Ask someone for help.

Family members or trusted friends can help gather information and evidence before the police officer arrives if the victim is unable to do so.

Seek legal help.

Contact a reputable law firm as soon as possible. An experienced car accident attorney can provide guidance through the legal process, help protect the victim’s rights, and help them seek compensation that they deserve. Many law firms offer free consultation and free case evaluation and will provide comprehensive legal help throughout the personal injury lawsuit.

The Benefits of Hiring The Clark Law Office

The personal injury lawyers at The Clark Law Office are always ready to assist you with your personal injury case. We are Michigan’s leading personal injury law firm, and we are dedicated to helping our clients seek damages and compensation. The awarded damages to our previous cases can speak for themselves. Call us now and let us help you establish your case, whether a ticket was issued or not.