Can I sue for a personal injury even though I was cited in the accident? 33 Answers as of February 17, 2012

Yes, you can still sue, and it will be up to a jury to decide (assuming you have injuries or large property damages - otherwise you will be in small claims court) who was truly at fault. However, if you plead guilty to the ticket you got, that can be introduced as evidence at trial. It may hurt the case that you admitted to doing something wrong.

Yes but whether or not you are successful is another question. Speak to a lawyer.

The answer is maybe. Maybe you can successfully sue if you can prove the other guy ran a red light and that he/she was more than 50% at fault for the collision. You’ve got a steep hill to climb on the issue of fault though.

Possibly. If the person ran the red light they would be at fault, at least partially. Tough part is proving it. The fact that they didn't have a license doesn't matter and can't be used as evidence of negligence. The argument is that just because they aren't licensed doesn't mean they drove the car negligently. You need other witnesses that saw them run the red light. Also, it would be good if you could get the traffic ticket dismissed. Either way, if you are found guilty for failure to yield and you can prove the other person ran the light, you've got a comparative negligence argument. Of course, this all assumes you satisfy the serious injury threshold. Go see a personal injury attorney.

If you have factual evidence which will prove that the other driver's negligence was the proximate cause of the accident, you should consult with and/or retain a plaintiff's personal injury or accident attorney for specific legal advice and assistance. That attorney should advise you whetheryou should litigate to seek a recovery foryour injuries and property damage from the accident.

In a civil suit for damages, courts do not consider it relevant whether anybody got any citations or whether anybody had a license. Washington has long held a traffic citation is not admissible in a subsequent civil case to prove the party committed the driving lapse. See Billington v. Schaal, 42 Wn.2d 878, 882, 259 P.2d 634 (1953). (http://www.mrsc.org/wa/courts/index_dtSearch.html). The question is whether anybody was negligent and in a civil suit it is considered anew, based on the admissible evidence presented in the civil suit. Violation of a statute (i.e. running a red light) is not negligence "per se", but may be considered as evidence of negligence. RCW 5.40.050 (http://apps.leg.wa.gov/RCW/default.aspx?cite=5.40.050).

Yes, you can sue. The ticket does not bind the Judge or Jury, who can decide for themselves who is at fault.

Yes. You can still sue. But, don't plead guilty to failure to yield. Plead not guilty and demand a supporting deposition. If you already plead not guilty and didn't, then send a letter to the clerk of the court involved and demand one now. Unless the officer witnessed the alledged offense, he won't be able to swear what happened and you will probably win either for failure to supply a supporting deposition or at trial.

A civil citation does not determine who is at fault in a traffic accident and who can recover damages. The citation(s) given by a police officer or DPS patrolman will ordinarily not be admissible in a civil negligence case. Whether the drivers had licenses will also probably not be admissible in your case. If the other driver was at fault, you can make a claim against him/her for your damages. When you are recovered and know the extent of your damages, contact the adverse driver's insurance company to make your claim and see whether you can settle. You probably won't be able to settle if they believe you are at fault, so you will have to file the claim in the appropriate court and proceed to litigate it. Even if initially denied, you may be able to settle the case later after the facts are all out on the table. The adverse driver's insurance will defend your claim and have to pay damages if you are successful. Filing a lawsuit and serving it on the adverse driver may cause that driver to file a counterclaim against you if he/she suffered damages, but that is a risk you have to take if you are going to pursue a claim. Your insurance would defend you in such a claim and pay the damages if you are found at fault, up to your policy. A negligence case must ordinarily be filed within two years of the date of the accident with some limited exceptions in Arizona. If a governmental entity was involved there may be six month and one year time limits which apply. Therefore contact an attorney as soon as you can to obtain a review of the facts. An attorney can also help you determine whether you can prove that the adverse driver was probably at fault and if so, which court you must file in. Contact a certified specialist in personal injury and wrongful death litigation if possible.

Take your defense to trial in the traffic ticket case and see if the jury believes you. As far as your damages, it is unlikely you will recover if the jury blames you more than the other driver.