Can I collect on a personal injury lawsuit if nobody was cited for the accident? 44 Answers as of July 03, 2013

When a person driving runs a red light and crashes into two vehicles hurting the other drivers and no one gets cited what can I do?

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Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
As lawyers, we get this situation often. It complicates the case but can be overcome.
Answer Applies to: Texas
Replied: 7/3/2013
West law Office
West law Office | Russell West
He fact that nobody is cited for the accident does not mean you don't have a case. If there was clear liability on the person who ran the red light then they will be liable for damages and injuries. If the police filed a report then there should be documentation. Also if you have witnesses to back your story.
Answer Applies to: Washington
Replied: 11/23/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, you can still file a claim with the other person's insurance company even if nobody was cited for the accident. A review of the accident report may be necessary to ascertain all the issues that may be involved.
Answer Applies to: Louisiana
Replied: 11/23/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
A personal and property claim can be pursued even though no ticket is issued.
Answer Applies to: Virginia
Replied: 11/23/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
First, I hope you are ok. Second, you need to speak to an attorney. Just becuase no one got cited does not mean you do not have a viable claim. Gather the police report, medical records, etc. & schedule an appointment to meet with & talk to an attorney.
Answer Applies to: Georgia
Replied: 11/23/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Cited is not the issue. Negligence is the issue. If a person is at fault he is liable. Doesn't matter if the police officer is lazy or blind and deaf.
    Answer Applies to: North Carolina
    Replied: 11/23/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    Just because there are no citations written at the scene of the accident does not mean that the person who ran the red light is free of fault for the accident. In Indiana, a civil lawsuit for personal injuries can still be pursued. You should seek the advice of a local attorney who practice personal injury law.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    The fact that the at fault driver was not given a ticket means nothing. If negligence can be proven, a claim should be successful.
    Answer Applies to: Virginia
    Replied: 11/21/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    Yes.
    Answer Applies to: Texas
    Replied: 5/31/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The police do not give tickets for causing accidents, just for violating Florida Statutes. On some occasions, police don't get a chance to give a citation because they can't determine who violated the law. (i.e., they both are taken to the emergency room by ambulance before the police get there, and by the time the police get to the hospital, the patients have been discharged).
    Answer Applies to: Florida
    Replied: 11/21/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yes you can still "collect on a personal injury accident."; although I'd refrain from using that terminology. It makes you seem, well unseemly. A person can still be at fault in a civil court even though they violated no criminal law or there is insufficient evidence to find they violated a traffic law. You asked what you should do and you should see an attorney.
    Answer Applies to: Iowa
    Replied: 11/21/2011
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    It is always easier if the police cites the other side.
    Answer Applies to: Nevada
    Replied: 11/19/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Whether somebody got a ticket or not is not legally relevant to the question of whether somebody was negligent or not. Running a red light is usually some solid evidence of negligence.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You need to prove negligence. The citation is evidence but so are witnesses. This is not a problem at all.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You can file suit if you have been damaged.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    Absolutely. In fact, at least a third of all cases I have successfully litigated on behalf of clients were in situations where no one was cited. While a citation can be strong evidence that a driver is at fault, it is by no means required as a prerequisite to filing a lawsuit.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Office of Joshua Pond | Joshua Pond
    A person has a duty to not run a red light and if their breach of that duty caused you loss, then you most certainly has grounds for a lawsuit. There is no reason their negligence should lead to your loss and it does not matter at all.
    Answer Applies to: Oregon
    Replied: 11/18/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Whether the other driver was or was not cited is irrelevant to the issue of liability which is determined by the facts of the case. You can still pursue a personal injury action if the facts warrant such a claim.
    Answer Applies to: Georgia
    Replied: 11/18/2011
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes, the policeman intake witness to the events anyway. If the other driver is established by you and your attorney to be at fault you will recover.
    Answer Applies to: Connecticut
    Replied: 11/18/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Many car crashes involve situations in which no one gets a ticket. Get a copy of the accident report. The driver who ran the light may have admitted something. There may be witnesses listed who can confirm that it was he who ran the light and not the other way around.
    Answer Applies to: New York
    Replied: 11/18/2011
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    Yes. The fact that the person that ran the light was not cited does not mean that you can't sue for injuries caused by the collision. The fact that that person was or was not cited is not admissible in a civil lawsuit to recover for personal injuries. You will still need to prove that the person ran the read light and was negligent but the decision not to cite that person is irrelevant.
    Answer Applies to: Ohio
    Replied: 11/18/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Just because a driver is not cited for a driving violation resulting in an injury to you does not mean they are free from liability. Of course, it is helpful if the driver is cited and found guilty of the violation, but it is not essential. You should pursue your claim as you normally would by contacting the insurance company and opening a claim. Prior to giving them a recorded statement I would advise you to consult with an attorney about your case. Some personal injury cases are straightforward enough to handle on your own. Other more complicated cases benefit from the advice of an experienced PI attorney. Most PI attorneys will consult with you for free, so there is no harm in hearing what one has to say and then proceeding on your own.
    Answer Applies to: Oregon
    Replied: 11/18/2011
    Gilbert & Bourke, LLP | Brian J. Bourke
    It does not matter if the police did not issuance a citation to one of the parties involved in the accident. You can still pursue a personal injury claim and your attorney can allege facts, find witnesses to show the other party is at fault. You should consult with any attorney as soon as possible.
    Answer Applies to: California
    Replied: 11/18/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Council Wooten
    You may file a claim whether or not a citation was issued is not controlling and generally is not admissible.
    Answer Applies to: Florida
    Replied: 11/18/2011
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Citations are rare in traffic accident cases, and do not determine liability. You can still pursue a claim.
    Answer Applies to: Missouri
    Replied: 11/18/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Yes, you do not need a UTT (Uniform Traffic Ticket) or conviction to prove a case. It certainly helps but, is not necessary. If you have a serious injury under NY law, keep pushing.
    Answer Applies to: New York
    Replied: 11/18/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    Absolutely. Just because a traffic citation was not issued doesnt mean someone wasnt negligent. In Utah, evidence of the traffic citation is inadmissible anyway, so it doesnt really matter whether a citation was issued. Of course, it often helps that a citation was issued sometimes its persuasive evidence for the insurance company to consider. If the insurance company is not accepting liability, you will have to prove the other driver was negligent. I advise you hire a personal injury lawyer as a lawsuit may need to be filed.
    Answer Applies to: Utah
    Replied: 11/18/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You have to be able to prove that the defendant was negligent. Traffic citations are not determinative of whether you can win a case for damages.
    Answer Applies to: Virginia
    Replied: 11/18/2011
    Law Offices of Bodey & Bodey, PLLC
    Law Offices of Bodey & Bodey, PLLC | Michael Bodey
    Convictions are admissible in certain instances, but charges or tickets are not. This, of course, follows the general principle that nothing short of a conviction should be admissible. Many states have enacted statutes prohibiting any evidentiary use of convictions for minor traffic offenses. For charges or citations, opposing such evidence is a simple matter of informing the court that in your charges are inadmissible because everyone is presumed innocent until proven guilty. Moreover even for convictions and guilty pleas, evidence of prior speeding tickets may be inadmissible under the evidence rules in an automobile negligence action to show negligence or that the driver was speeding. What you really have to remember is the fact that Negligence is conduct that creates or fails to avoid unreasonable risk or foreseeable harm to others. Please bear in mind that not all risky conduct is negligent, for some risks are entirely justified. And not all negligence is actionable as a tort, for some negligence is permitted and some causes no harm. To determine negligence, then, is to fit only one piece into the puzzle of a lawsuit. One other warning is called for. Although negligence is indeed unreasonably risky conduct, that kind of conduct is often referred to by saying that the defendant is negligent if he fails to act as a reasonable prudent person under the circumstances. While we have to remember here is that negligence as conduct, not state of mind. The emphasis in negligence cases is on unreasonably risky conduct, the concept is not entirely parallel to the case of intent, where liability is based upon a combination of intent and conduct. A bad state of mind is neither necessary nor sufficient to show negligence, and conduct is everything. One who drives at a dangerous speed is negligent even if he is not aware of his speed and is using the best efforts to drive carefully. A person who drives without the slightest care for the safety of others is not negligence unless he drives in some way that is unreasonably risky. State of mind, including knowledge and belief, may motivated or shaped conduct, but it is not in and of itself an actionable tort. The legal concept of negligence is unduly risky conduct distinct from state of mind reflects the law's strong commitment to an objective standard of behavior. This is typically why in the past posts I tend to inform people that factual circumstances are paramount in determining the negligence of another. I have found that, including this particular question, broad questions are extremely difficult to answer without concrete facts. For example your question states, "how is negligence determined in a personal injury case?" In short, what would a reasonable person do under the same and or similar circumstances? Answering a question with a question, I find, to be frustrating. But in essence that is the answer. However, if we are dealing with a driver of a vehicle who fails to yield to the right at an uncontrolled intersection possibly due to the fact that the sun was in this person's eyes then we have a little more to work with when determining or ascertaining liability. So whether or not this person was cited by the investigative agency is really of no concern. One must argue successfully that the other was negligent whether or not they were cited.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    If you were damaged or injured, you make a claim against the person that caused a collision. The citation is not necessary.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Being cited means nothing. The police generally won't cite unless they see the violation.
    Answer Applies to: New York
    Replied: 11/18/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A lawsuit is separate from a traffic matter. File your lawsuit. there were witnesses, I assume. There might be security camera footage.
    Answer Applies to: New Jersey
    Replied: 11/18/2011
    Timothy Jones, Attorney at Law
    Timothy Jones, Attorney at Law | Timothy Jones
    If an individual runs a red light, causes a collision and injures someone, then the injured party may pursue a claim against the negligent driver.
    Answer Applies to: Oregon
    Replied: 11/18/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    It doesn't matter whether someone was cited or not. You still are entitled to pursue your claim. You should contact a personal injury attorney right away.
    Answer Applies to: Oregon
    Replied: 11/18/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    File a claim in your local Justice Court, ask for a jury trial and tell your story to the jury.
    Answer Applies to: Montana
    Replied: 6/26/2013
    Downriver Injury and Auto Law | Michael Heilmann
    The ticket or lack thereof is not admissible in a civil case. On the other hand, running a red light is good evidence of negligence. We handle these cases every day.
    Answer Applies to: Michigan
    Replied: 11/18/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    The fact that the investigating officer did not issue a traffic ticket to the driver who ran the red light doesn't prevent you from suing that driver.
    Answer Applies to: Indiana
    Replied: 11/18/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    As long as you can prove liability, you do not need to have the at-fault party cited. I suggest you speak with a personal injury attorney as soon as possible.
    Answer Applies to: California
    Replied: 11/18/2011
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