PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – What if the At-Fault-Driver was not Cited for a Vehicle Code Violation, Can I still pursue a Personal Injury Claim for a Car Accident?

PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – What if the At-Fault-Driver was not Cited for a Vehicle Code Violation, Can I still pursue a Personal Injury Claim for a Car Accident?

May 05, 2020

Now that the Covid-19 stay-at-home order will be lifted in California, drivers will be getting back on the road, with that car accidents and personal injury claims are inevitable.  With a return to “normality”, our offices will be launching a new series of blogs focused on: “FAQs Car Accident” or “Frequently Asked Car Accident Questions”.

One common question our San Diego Car Accident Attorneys frequently get is: “[w]hat if the at-fault-driver was not cited for a vehicle code violation, can I still pursue a personal injury claim for a car accident”; in short, yes.

Undoubtable a traffic citation is powerful evidence that a party is at-fault for the underlying car accident, however this is not essential nor necessary to pursue a personal injury claim against the at-fault driver.  In addition to a traffic citation, there is other evidence that may be introduced to prove who is at-fault for a motor vehicle accident. Often times such evidence would be identified in a California traffic collision report, pictures of the car accident scene and in testimony of witnesses to the motor vehicle accident.

When investigating who is the at-fault driver in a car accident, insurance adjusters often consider the following evidence:

• The position of the vehicles at the time of the accident – this is why it is best to take pictures at the scene of the car accident;
• Traffic conditions at the time of the accident – in the event a traffic collision report is not created, make note of the time, location and traffic conditions at the scene of the motor vehicle accident;
• The position of the vehicles after the accident – this further confirms the necessity of taking pictures of the entire scene of the car accident, not just the property damage to the vehicles involved in the collision;
• Damage to the vehicles after the accident – Pictures at the scene of the motor vehicle accident would be the best evidence showing what property damage occurred;
• Damage to other property – any other damage sustained as a result of a car accident should be photographed;
• The weather and time of day – generally this information is included in a traffic collision report following a motor vehicle accident, however is such a report is not created it is best to make a note of the weather, time, location and road condition at the time of the car accident;
• Skid marks – most often following a car accident drivers and witnesses involved do take pictures of the car accident scene, however, rarely is the road checked for skid marks which is highly informative when determining fault, impact speed and velocity;
• Witness statements – witness statements are generally included in traffic collision reports, however, in the event a traffic collision report is not created in response to a car accident, it is critical to make note of witness name(s), number(s), take pictures of identification card(s) and any statement(s) the witness may make at the scene of the collision;
• Photographs – photos of a car accident are essential regardless if a traffic collision report is created; make sure to take images of any skid marks, vehicle damage and all other sustained damages sustained in the motor vehicle accident;
• Impairment due to alcohol or drugs – if alcohol or drugs could have contributed to the car accident, any evidence showing this to be true following a motor vehicle accident should be documented.

Contact Us for Advice after a Car Accident

If you were involved in a car accident or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced California Personal Injury Lawyers and San Diego Car Accident Attorneys.