In some cases, a car or truck accident victim may assume that because another driver received a ticket, that other driver is automatically liable (or “guilty”) for causing the accident. In other instances, the victim may be upset that even though the other driver caused the accident, the other driver did not even receive a ticket.
It’s important to understand that the scope of many law enforcement investigations is limited to determining whether a violation of the law occurred and whether a prosecution will be initiated. In many cases, the actions of a driver at fault may not be a violation of the law, or the police officer may not have enough evidence to charge the person with a violation of the law.
As an example, in a car crash involving two cars crash in the middle of an intersection, if there are no witnesses to the accident, it may be difficult or impossible to determine which of the cars may have ran the red light. In this instance, the investigating officer may not give either driver a ticket.
In all cases, it is not the role of law enforcement to assess the damages that may have been caused. Thus while an accident report may be important in helping to establish fault, the report itself is not going to “prove” liability. Liability is only proven in court when a jury determines who is liable.
Find out How We Investigate Accidents to Prove Fault
While our Firm has years of experience in investigating car and truck accidents, the facts and circumstances of every case are unique. We therefore seek to learn all we can about every aspect of each accident, and we hire accident reconstructions and other experts to assist us.
If you’ve been injured in a car or truck accident, or a family member has been killed, I would invite you to call me so that I can learn about your case.
There is no fee or obligation for this private consultation, and if we accept your case, we will do so on the contingency basis, which means that you will not owe us for any fees until and unless we recover damages for you.