Is there a case if neither the victim nor the witness showed up in the court? 24 Answers as of February 06, 2012

If a person doesn't show up for the case, the injured person that is, then unless they have a lawyer representing their interests they normally lose the case. Your question doesn?t say exactly what happened in court, i.e., were lawyers there. I'd have to ask further questions before I could say Yes! You win!

It is hard to know exactly what you are asking. If you are asking about whether there is still a criminal/ traffic case against you, it appears that there is not. However, the accident still occurred and you are still liable to the person for any injuries or damages he or she sustained as a result of the accident. It does not matter if a ticket was issued or if it got dismissed because the witness did not show up. The criminal/ traffic citation is separate from your civil liability. If you were at fault for the accident, you (or your insurance company) still owes the victim for his or her damages. In addition, the accident still may cause your insurance rates to rise even if the ticket got dismissed. Again, they are separate issues. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

The fact that no-one showed up for court only means you don't have a traffic conviction. The incident did happen. The court's "view" of it, however, is that it never happened.

Just because the traffic case made by the police officer was dismissed, does not mean the accident did not happen. A civil claim can be brought against you if you were at fault.

If you are talking about a traffic citation and the case was dismissed because the victim did not show up, then it?s a done deal. No traffic school; no points on your record. Congratulations. You got lucky.

In general, a dismissal is "like the case never happened". However, insurance companies look at accidents, not Court convictions.

Well, it did happen but nobody showed up to testify about it. So, it's not like it never happened.

It happens sometimes that the prosecution doesn't have the necessary witnesses at the scheduled time of trial. Sometimes the judge will grant a continuance.

I'm not a criminal attorney, but they shouldn't have a case unless they had evidence against you.

If you are being sued, and the plaintiff does not show, the civil case is dismissed. If you are concerned about the accident appearing on your driving record, it is up to your insurance to determine fault. If they determined fault you have the right to appeal the finding with the division of insurance.