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Auto Accident 1.14.2022

What if the At-Fault Driver Was Not Issued A Ticket After My Michigan Car Accident?

While the majority of Michigan car accidents are linked to negligent or careless acts by drivers, the most common root cause of these incidents is violations of Michigan Rules of the Road. Traffic laws are well-known to all drivers on the road, so they are aware of their legal duties. When they do not comply with traffic laws or regulations aimed at keeping people safe, drivers put other road users in danger of being seriously injured or killed. If you were hurt in such an automobile collision, you probably expect that police will give the at-fault motorist a traffic ticket, and you can use this information to support your compensation claim.
     However, you might be surprised to learn that drivers often do not receive a traffic citation ticket after a crash. You are probably wondering about your rights under these circumstances, so trust the knowledge of a Michigan car accident lawyer to explain how the laws really work. Some general information here may also help you understand the relevant concepts regarding traffic tickets.

Traffic Tickets Are Civil Infractions Separate From Your Civil Remedies

 In Michigan, traffic tickets cannot be used in your personal injury lawsuit. One practical reason is the car accident reporting requirements compel a person to report the car accident. However, automobile insurance companies heavily rely on the traffic ticket to process the claims.
     One reason to consider why drivers may not receive a traffic citation after an accident is: Police typically arrive at the scene of a crash after the crash has happened in response to 911 call. Officers did not witness the causes and contributing factors that led to the collision, so they will often not issue tickets based on versions given by drivers involved in the car accident crash. However, the police are required to fill out a police report when they investigate the crash scene.
Regardless, a ticket is a civil infraction penalty issued by law enforcement. Even if police issue one, you do not receive the fines just because you were hurt. Instead, you need to pursue your legal remedies such as compensation through a civil lawsuit, which is completely separate from the legal process involved for civil infarction pertaining to moving violations tickets.

Negligence is the Key to Compensation for Michigan Auto Collisions

In a civil lawsuit involving a car accident crash, you must prove the following four essential elements for a motor vehicle negligence claim:

  • At fault driver had a legal duty to drive safely.
  • Driver breached this legal duty through unreasonable or careless acts.
  • Driver motorists breach was the direct cause your injuris, such that you would not have been hurt but for the other driver’s actions or inactions; and,
  • You suffered damages or losses because of your injuries.
    If the police officer issued a ticket to the responsible driver, this evidence may be useful in proving element #2. However, when police officer does not cite him or her, there are usually many other sources of evidence that can be sufficient to prove and meet the driver’s breach of legal duty element. Examples of ways to prove a driver in an accident was negligence include:
  • Photos and video you take at the scene
  • Statements from bystanders and witnesses
  • Surveillance video from businesses in the vicinity of the collision
  • Location and extent of damage to vehicles involved
  • Skid marks on the road
  • Existence of traffic devices such as stop sign, yield sign, or traffic lights

A Michigan Auto Accident Attorney Can Explain the Legal Process

As you can see from this basic information, the issuance or nonissuance of a ticket does not make or break your claim as the victim of a motor vehicle collision. For more information about your rights and remedies, please contact The Joseph Dedvukaj Firm today. We can set up a free case evaluation review at our offices in Michigan. Once our expert car accident legal team reviews your circumstances, we can advise you on going forward with your car accident claim. Our initial consultation is absolutely free, and you only pay attorney fees if we win. A+ rated better business bureau personal injury attorneys.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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