Can You Get a Ticket for an Accident That Wasn’t Your Fault?

You want to score as many points as possible in baseball, basketball, and football. When it comes to your driver’s license, the last thing you want are points. Those points are issued with a traffic citation. The Illinois Secretary of State has determined the amount of points for each infraction. You can have your license suspended with as little as 15 points. That is equal to driving 11 miles above the speed limit.

Citations are also issued after a traffic accident. Can you get a ticket for an accident that wasn’t your fault? You can, but that doesn’t automatically mean you lose your right to contest the ticket or receive compensation for your losses. It all depends on the circumstances surrounding your accident.

Officer at the Scene

If you are involved in an auto accident of any type, you should call 911 for assistance. That includes accidents where there are no severe injuries. When the officer arrives at the scene, they will use their best judgment to assess what happened. They will take statements from the motorists involved and any relevant witnesses. They could also take photos or video evidence. It might also become obvious that citations need to be issued.

Obviously, the responding police officer wasn’t a direct witness to what happened, but they could still issue the following types of traffic violation citations:

• Speeding
• Failure to yield the right of way
• Running red light or stop sign
• Distracted driving or texting while driving
• Tailgating
• Not using turn indicators
• Failing to maintain their lane

These citations could be issued right at the scene of the accident. They could also be issued several days after the accident. That might allow the authorities to review traffic cameras or corroborate other facts that contributed to the accident.

Unrelated Ticket

The vast majority of traffic laws are put in place to prevent accidents. Setting speed limits is the most common traffic law that, when followed, reduces the risk of a collision. However, there are other violations that can result in a ticket. Here are some of the reasons why a citation could be issued at a crash scene:

• Driving with an expired or no license
• No proof of insurance
• Expired license plate registration
• Not wearing a seatbelt
• Illegal window tinting

Those tickets could be issued at the scene of an accident while a police officer sorts through what happened. It is important to remember that those types of citations do not have an impact on deciding who might be at fault for the accident. Those would be separate citations.

Comparative Negligence

Illinois is a comparative negligence state. That means that both drivers can share the blame for an accident. However, one driver can be more at fault than another. For instance, if one driver was speeding or driving under the influence, they could be cited for both offenses and assigned 100% of the blame. If the other driver was texting while driving, they could also be cited for a traffic violation but only determined to be partially at fault in the accident.

In that scenario, the driver who was speeding could be only 80% at fault. That means if the settlement were $25,000, you would only receive $20,000.

Contesting the Ticket

You should contest the citation if you receive it in the aftermath of an accident. That could put you in a stronger position to receive compensation. In order to contest the ticket, you will likely have to make an appearance in traffic court. There is an outside chance that the judge could dismiss the citation if the police officer who wrote the ticket fails to appear. That is not a guarantee, though, and if the judge rules against it, you would probably not be able to appeal.

Getting the Right Support

The issue of a traffic ticket alongside an accident claim is best sorted out with the assistance of an attorney. A member of our legal team at Prince Law Firm can help.

We are extremely familiar with relevant traffic laws and the comparative negligence standard. We can present you with the information you’ll need to make the right decision to move forward with your claim. Call to set up a free consultation today.