I was in a bicycle accident, but the driver did not receive a ticket. Do I still have a case?

Many people believe that if you are in a car or bicycle accident, the person who receives the ticket is automatically at fault. This is not the case. Usually the police officer is not a witness to the accident; therefore, anything he knows about the accident is based on hearsay (what he is told by people on the scene). This testimony is not admissible in court, nor is whether or not someone received a ticket admissible. Many times the police report is factually wrong, either because witnesses give false or mistaken information or because the police officer takes down the information incorrectly.

If you are in a bicycle accident with a car and the other driver did not receive a citation, you may still be able to recover based upon the facts of the case. Attorneys at Dell & Schaefer are able to evaluate cases, applying the applicable laws, and speaking to witnesses, to determine if liability exists for which you may be able to recover for your injuries.

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