Justice360° - Legal Bulletin: Car Accidents and Liability

It is a very common misconception that every accident must result in a ticket for one of the parties. It is also a common belief that once a ticket is given (or not given), that constitutes an official and final “judgment” as to liability. In reality, neither one of these things is true.

An investigating officer has discretion to issue a citation (i.e., a ticket) for what he believes to be a violation of a particular traffic statute. He can make this particular determination after doing his own investigation and accident reconstruction, or by talking to eyewitnesses, or upon admissions from the involved parties. In a rear-end collision, for example, he may or may not choose to issue a citation to the liable driver for “failure to maintain assured clear distance.”

If the officer does in fact issue the citation, that is certainly helpful for insurance settlement purposes, but it does not prove the civil case if it must go to court. The injured plaintiff’s attorney must still prove, either through evidence or witness testimony, that the defendant driver was liable. In fact, in most cases, the fact that the defendant driver received a ticket cannot even be stated in court. It is inadmissible unless the driver actually pled guilty to the charge; if he simply pled nolo contendere (i.e., no contest) and paid his fine, the ticket cannot be brought into evidence.

Finally, it must be noted that an investigating officer’s report, and even his issuance of a citation to any driver, is merely a reflection of his opinions regarding the factors causing or contributing to the collision. It is not an official or binding “judgment.” The police report by itself also cannot be admitted into evidence as proof of the conclusions contained in it, because that report would simply be hearsay.

I have had firsthand experience obtaining successful recovery for clients injured in accidents even when the investigating police officers had written reports placing the blame on the clients rather than the other drivers. In one such case, this involved filing suit against the defendant driver, taking written and recorded statements from eyewitnesses to the accident, and deposing the police officer (i.e., asking him questions under oath before a certified court reporter) in order to establish that he had relied merely on the word of the defendant driver, and conducted his own scene investigation without the benefit of hearing either the plaintiff’s version or speaking with any of the eyewitnesses.

The bottom line is: don’t try to rely on the presence or absence of a ticket or police report to argue your case to an insurance company! Contact an experienced trial lawyer right away in order to make sure all the evidence and witness testimony in your case is preserved and presented in the best possible manner.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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