Can You Get a Ticket Days After an Accident: Your Quick Guide
After being involved in a car accident and reporting it to the police, getting a ticket in the mail is possible if there is evidence you broke a traffic law. However, it is impossible to say how long this could take. This is because many factors affect how long it takes for the police to gather information about the collision.
Being issued a citation does not necessarily prevent you from seeking compensation for injuries sustained. Also, the citation does not prove that the violation contributed to the collision, either, as police officers do not typically witness the accident firsthand.
A traffic violation ticket assigns a certain amount of liability to the driver, affecting the amount of compensation available. Depending on the accident circumstances, a lawyer with our firm can help you mitigate the impact a violation has charges against your case. They can also determine if or how much the traffic violation contributed to the crash.
Does Pleading Guilty to a Traffic Ticket Affect My Compensation Claim?
The other party and their insurers may use your traffic violation citation as a means to deny responsibility for causing a crash. Our injury lawyers can discuss your possible contribution to the collision in a free initial consultation and offer advice about your ticket.
Being charged with a traffic violation does not automatically prevent you from recovering compensation. Under the pure comparative fault rule, both parties can share blame for a crash. However, the amount of payment you receive will be reduced by the percentage of responsibility you are apportioned for the accident.
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How Our Lawyers Can Help Your Case
The immediate aftermath of a collision is frightening and chaotic, especially if you were injured. It can be challenging to know the exact sequence of events that caused the accident with absolute confidence. While you reported the accident to the police, only to receive a traffic citation in the days following the collision further exacerbates the situation.
Our lawyers are ready to stand by your side and provide clarity about your situation. We can thoroughly investigate the accident and gather vital evidence to support your case.
From this, we can:
- Prove the other driver’s negligence contributed to the accident
- Help to refute or mitigate any accusations of fault against you
- Estimate the financial impact of the accident on your life
- Handle settlement negotiations
- Represent you at trial, if a favorable settlement is not offered beforehand
It is important to ensure you begin legal proceedings within three years in Suffolk County per CPLR § 214. The statute is effectively a deadline, after which it is generally unlikely you will be able to file a lawsuit.
What are My Options for Recovering Compensation?
Suffolk County follows the no-fault car insurance rule, meaning you can recover basic expenses for medical bills and wages to a certain point. However, if you sustained serious injuries such as those listed below, you may need to file a lawsuit against the other driver.
- Permanent limitation of use of a body part or organ
- Bone fracture
- Significant disfigurement or limitation of use of a body function or system
- Partial or full disability
While the list is not exhaustive, qualifying injuries entitle you to pursue compensation for all categories of losses, some of which are not available in a claim with your own insurance, for example:
- Current and ongoing medical bills and rehabilitation costs
- Lost wages and compensation for any impact on future earnings
- Pain and suffering, and inconvenience
- Property damage
If you are unsure whether your injuries qualify as ‘serious,’ it can be beneficial to seek legal advice for clarity about your situation.
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What are the Different Types of Driver Negligence That Contribute to Car Accidents?
A study by the Insurance Information Institute (III) highlighted leading causes of road traffic crashes caused by negligent driver behavior, which includes the following:
- Distracted driving
- Driving while under the influence
- Fatigued driving
- Speeding
- Aggressive driving
- Failing to obey traffic signs and signals
- Failure to yield
- Driving in the wrong lane
While you may have received a ticket, it is possible the other party was also negligent. It is essential to bear in mind getting a ticket after an accident doesn’t mean you cannot secure compensation for your losses.
Reasons for Delayed Tickets
Tickets may be issued days after an accident for several reasons. Law enforcement officers may need to conduct thorough investigations to determine the cause of the accident and identify any traffic violations that occurred. This process can involve interviewing witnesses, reviewing footage from traffic cameras, and analyzing evidence from the scene, such as skid marks or vehicle damage.
In some cases, officers may need to consult with accident reconstruction specialists to gain a clearer understanding of how the accident unfolded. Additionally, if the accident involved serious injuries or fatalities, the investigation may be more complex and time-consuming, leading to a delay in issuing tickets.
Types of Tickets Issued After an Accident
The types of tickets issued after an accident can vary depending on the specific traffic violations that occurred. Common examples include:
- Speeding: If one or more drivers involved in the accident were exceeding the posted speed limit, they may be issued a speeding ticket.
- Failure to yield: If a driver failed to yield the right of way to another vehicle or pedestrian, resulting in an accident, they may receive a failure to yield ticket.
- Reckless driving: If a driver was operating their vehicle in a reckless or dangerous manner, such as weaving in and out of traffic or driving aggressively, they may be ticketed for reckless driving.
- Running a red light or stop sign: If a driver failed to stop at a red light or stop sign and caused an accident, they may be issued a ticket for this violation.
- Distracted driving: If a driver was using their phone, eating, or engaging in other distracting activities at the time of the accident, they may receive a ticket for distracted driving.
Responding to a Delayed Ticket
If you receive a ticket days after an accident, you should take the following steps:
- Do not admit fault or apologize for the accident, as this can be used against you in court or during settlement negotiations.
- Contact an experienced attorney who handles car accident cases. They can review the details of your case, advise you on the best course of action, and help you understand the potential consequences of pleading guilty or contesting the ticket.
- Gather any evidence you have related to the accident, such as photographs, witness statements, or medical records, and provide this information to your attorney.
- Attend any required court hearings or appearances related to the ticket, and follow your attorney’s guidance throughout the process.
- Continue to pursue your compensation claim, as receiving a ticket does not necessarily preclude you from recovering damages for your injuries and losses.
Impact on Insurance Premiums
Receiving a ticket after an accident can have a significant impact on your insurance premiums. Insurance companies use various factors to determine your risk profile and set your rates, including your driving record, claims history, and the severity of any accidents you have been involved in. If you receive a ticket, even if you were not primarily at fault for the accident, your insurance company may view this as an indication of increased risk and adjust your premiums accordingly.
The specific impact on your premiums will depend on several factors, such as the type of ticket you received, your driving history, and your insurance company’s policies. In some cases, a single ticket may result in a modest increase in your premiums, while multiple tickets or serious violations could lead to a more substantial rate hike or even the cancellation of your policy.
Statute of Limitations for Issuing Tickets
The statute of limitations for issuing tickets after an accident refers to the time frame within which law enforcement officers must take legal action against a driver for a traffic violation. This time frame can vary depending on the jurisdiction and the type of violation involved.
In some cases, officers may have a relatively short window to issue a ticket, such as 30 or 60 days from the date of the accident. In other situations, the statute of limitations may be longer, allowing officers more time to investigate the accident and gather evidence before issuing a ticket.
The Role of Traffic Cameras in Delayed Tickets
Traffic cameras are common on roads and highways, and they can play a significant role in issuing tickets days after an accident. These cameras are designed to capture footage of traffic violations, such as running red lights, speeding, or failing to stop at a stop sign. In the event of an accident, law enforcement officers may review footage from nearby traffic cameras to determine if any violations occurred and who was at fault.
If a traffic camera captures evidence of a violation that contributed to an accident, officers may use this footage to issue a ticket to the responsible driver, even if they were not present at the scene. This can result in a delayed ticket being issued days or even weeks after the accident occurred.
If you receive a ticket based on traffic camera footage, take the following steps:
- Carefully review the footage and any accompanying documentation to understand the basis for the ticket and the specific violation you are being accused of.
- Contact an experienced attorney who can review the footage and advise you on the strength of the evidence against you.
- Gather any additional evidence that may support your case, such as witness statements or photographs of the accident scene.
- Attend any required court hearings or appearances related to the ticket and follow your attorney’s guidance on whether to contest the ticket or negotiate a plea bargain.
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The legal team at Rosenberg & Gluck, L.L.P. works hard to get you the best outcome for your personal injury and is always at hand to answer your questions. We offer a free case review and provide our services on a contingency-fee basis.
To get started on your case, call us at (631) 994-1910 today.
