Can I still sue if I got a citation in a car accident?
Motor Vehicles Accidents - July 24, 2022
Receiving a citation in a car accident does not necessarily mean that you’re liable for the accident and responsible for covering any associated costs and damages. When you’re injured in a car accident that was caused by someone or something else, you could be entitled to compensation for your damages from the insurance company of the at-fault driver.
Working with an attorney is hugely beneficial when you’ve been injured in a car accident, or are being sued by someone who was injured in a car accident you were involved in. Your Chicago car accident lawyer from Horwitz, Horwitz & Associates is standing by to review the facts and circumstances surrounding your case. Read on to learn more.
A citation doesn’t prevent you from suing, but saying the wrong thing will
A citation is essentially an accusation that you violated a traffic law. When a driver causes an accident while violating a traffic law, that will generally be used as evidence against them when it comes time to collect compensation for an insurance claim. An accusation is not a final judgment, and your citation does not become an issue in terms of liability—unless you admit to the citation.
Don’t Plead Guilty
Paying a citation is an effective plea of guilty. If you are given a speeding ticket, whether or not you were in fact speeding, or whether or not law enforcement has sufficient proof that their instruments accurately proved you were breaking speed limits, paying it is an admission of guilt that can be used against you. It’s important not to plead guilty to a citation received during a car accident without receiving the expert guidance of an attorney with related experience.
Other Evidence is Needed to Prove Fault in a Car Accident
A citation is not enough evidence to prove fault in an accident. To determine who’s at fault in a car accident, it’s necessary to collect extensive evidence on the surrounding facts and circumstances that led to the accident. How do you know whether the other driver was intoxicated, or drowsy, or engaging in distracted driving?
It’s generally impossible for you to be looking into the interior of another car in the moments before they hit you, and the only way to determine this is by collecting evidence. Your Chicago car accident lawyer will use legal instruments like depositions, requests for production, and the review of police reports and witness statements to put together the best case in your favor.
Negligence is a complex legal concept with four parts: duty, breach, causation, and damages. For example, if a driver was engaged in distracted driving, an illegal behavior on the road when they hit you:
- The driver has a duty to drive while following the rules of the road, including paying attention to their driving.
- This duty was breached by the driver engaging in distracted driving such as talking or texting while driving.
- The breach of duty caused the accident you were in.
- The accident that was caused resulted in measurable damages to you, like medical bills, lost wages and earnings, and in some instances, pain and suffering.
Collecting what you are entitled to for your car accident injury requires the application of the facts and circumstances to the concept of negligence, and the skillful drafting and filing of your claim. With evidence to prove your damages, your attorney will be able to negotiate the best possible settlement with the insurance company on your behalf. If the insurance company will not agree to a fair settlement, we’ll file a lawsuit and take them to court to require them to pay what you deserve.
Have questions about your citation? Horwitz, Horwitz & Associates is here to help.
Connect with an experienced Chicago car accident lawyer from Horwitz, Horwitz & Associates to discuss how we can help you obtain the most compensation for your car accident. Measuring your damages requires follow-ups from medical and occupational experts to determine the future costs associated with your injuries, and your car accident lawyer will help you schedule these appointments, then incorporate the evidence into your claim.
To schedule a consultation, visit our site or call us at (800) 985-1819. Our dedicated Chicago car accident attorneys have decades of combined experience helping clients like you put together the best possible claim or case to collect what you deserve for your car accident.