Truck driver did not get a ticket. Do I still have a case?

Attorney Dennis SchaeferAuthor: Attorney Dennis Schaefer

Yes of course you still have a case. The issuing of a ticket is often felt to be conclusive, as it relates to liability in an accident case. However, many times evidence surfaces, after the issuing of a citation that creates clear reason to challenge the ticket. Additionally, statements given by truck drivers summarizing the facts of an accident are often suspect. Truck drivers have enormous pressure on them to not get traffic citations. The insurance rates that they are charged if they are found guilty of a traffic citation are very high, therefore the likelihood of distorting the facts of an accident is high.

Traffic citations are also simply given in error. Aside from new evidence and lying truck drivers, traffic tickets are simply given incorrectly. Police officers and accident reconstructionists make mistakes. They can and do evaluate the evidence incorrectly. Many times they are under time pressure, dangerous traffic conditions, bad weather or other non-evidentiary matters that influence their decisions. They may also be influenced by the behavior of either of the drivers involved.

To summarize, a liability case will stand on its own factual merits. A traffic citation is simply one person’s opinion, it is not conclusive. If in an accident, and issued a citation, always feel free to call Dell & Schaefer to relay the facts and get an unbiased opinion as to whether you have a case.

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