Can I sue for a personal injury even though I was cited in the accident?

Question

I was in an accident and cited for failure to yield.  I believe they ran the red light.  Since they did not have a license, can I sue them in civil court even though I was cited for the accident to recover damages?

Donald Broad · Answer

If by "cited" you mean you were issued a moving violation and you plead guilty or paid that ticket, you will have a very difficult time proving more than 50% fault on the other driver.  However, if by "cited" you simply mean they listed you in the accident report as being at fault for failing to yield the right-of-way, then it will boil down to your word versus the other side as to who had the red light, and you might have a case.  You should consult with a personal injury attorney in your area.

Stephen Lombardi · Answer

The answer is maybe. Maybe you can successfully sue if you can prove the other guy ran a red light and that he/she was more than 50% at fault for the collision.  You’ve got a steep hill to climb on the issue of fault though.

Kevin Habberfield · Answer

Possibly. If the person ran the red light they would be at fault, at least partially. Tough part is proving it. The fact that they didn't have a license doesn't matter and can't be used as evidence of negligence. The argument is that just because they aren't licensed doesn't mean they drove the car negligently. You need other witnesses that saw them run the red light. Also, it would be good if you could get the traffic ticket dismissed. Either way, if you are found guilty for failure to yield and you can prove the other person ran the light, you've got a comparative negligence argument. Of course, this all assumes you satisfy the serious injury threshold. Go see a personal injury attorney.

Bernard Huff · Answer

If you have factual evidence which will prove that the other driver's negligence was the proximate cause of the accident, you should consult with and/or retain a plaintiff's personal injury or accident attorney for specific legal advice and assistance. That attorney should advise you whetheryou should litigate to seek a recovery foryour injuries and property damage from the accident.

Steven Fairlie · Answer

Yes, you can sue.  The ticket does not bind the Judge or Jury, who can decide for themselves who is at fault.

Jared Altman · Answer

Yes. You can still sue. But, don't plead guilty to failure to yield. Plead not guilty and demand a supporting deposition. If you already plead not guilty and didn't, then send a letter to the clerk of the court involved and demand one now. Unless the officer witnessed the alledged offense, he won't be able to swear what happened and you will probably win either for failure to supply a supporting deposition or at trial.

Thomas Bulman · Answer

Take your defense to trial in the traffic ticket case and see if the jury believes you.  As far as your damages, it is unlikely you will recover if the jury blames you more than the other driver.

Paul Whitfield · Answer

The fact you were cited tells the insurance  company the police think you are at fault. They will not pay you a dime voluntarily. And a jury will likely find you fully or partly at fault. IN NC you don't have much of a chance. In cases like this of "he said, she said" the juries usually find both parties at fault and nobody gets nothing the fact they did not have a license has nothing to do with fault and won't get you much help.

David Craig · Answer

Police reports are typically not admissible in court.  The exception would be where the investigating officer is a re-constructionist.  The question is who was at fault not what the police report says.  However if you sue the other driver you have the burden of proof and would have to prove that it is probably more true than not that the other driver was at least 50% at fault.

Orman Kimbrough · Answer

In Florida a ticket or citation is normally not admissible in evidence in a suit for personal injuries.  Because of this an injured person is not prohibited from seeking damages even if the investigating officer issued a ticket to the injured person.  You should consult with a personal injury attorney who can review the particular facts of your case and give you specific advise.

Kenneth Wincorn · Answer

You can sue. It will be filed in Justice Court.

Russell Gray · Answer

Whether you or the other side is liable for an accident is not decided  by who received a citation. You should speak with a personal injury  attorney to determine whether you have a viable case.

Curtis Chronister · Answer

Even though you received a citation, you can still file a lawsuit for damages.  First, you should not plead guilty to the citation, as this can be introduced as an admission you were at fault in the civil action.  If you do bring a lawsuit, you will need to be prepared to prove that the other driver was negligent and was in fact the party who caused the collision.  The best way to prove this is through independent witnesses who can corroborate your version of how the wreck occurred.

Andrew Velonis · Answer

At a minimum, you will need an independent witness who will testify that the other driver ran the light. At best, this is a 50/50 accident, meaning that you will only get half of the damages.

Mark Leonardo · Answer

Can you?  yes.  Will you win?  Its all a matter of who gets believed.  You already have a presumption against you because you were cited and that will be difficult to overcome.

Paul Samakow · Answer

If all of the facts as you detail are indeed all of the facts, then a   lawsuit you would file would probably fail.  You can file a lawsuit,   but in Virginia you cannot have any negligence, or contribution to the   occurrence of the accident.  If you are even 1% at fault, legally, you   would lose.  So your claim for injuries here, unless you can establish   the other party was 100% at fault, is going nowhere.  The fact that   the other party did not have a license means nothing in this matter.

Josh Lamborn · Answer

You can sue, but the fact that you were cited for failing to yield does not bode well for your case.  A lawsuit is about who was at fault in the collision.  The fact that you were cited means that the officer felt you were probably the person who was at fault in the collision.  The officer will be the defense star witness.  If you have not been sued by the other driver I'm not sure you want to pick this fight.  Additionally, the fact that the other person did not have a license is meaningless as far as who is at fault.  All it means is that they probably do not have insurance, so if you sue that person and win you will probably not be able to collect any money.  It also means that it is unlikely you will be sued by the other driver because when you drive without insurance in Oregon you are barred from recovering pain and suffering damages in a driving lawsuit, even if you are not at fault.

Steven Shaw · Answer

If the other driver was at fault, and you can prove it, then you can assert a claim for damages.  The having no license is bad, but not relevant to whether or not they were at fault.  The fact that you were cited by the officer that investigated the collision will be difficult to overcome.

Linda Chalat · Answer

Yes, you can file a civil claim against the other driver but you will be required to prove that the other driver was negligent and his negligence caused the accident.  The fact that you received a citation does not determine the question of negligence, but it might be offered by the other driver as evidence of your fault.

Michael Bodey · Answer

Generally speaking citations are inadmissible evidence in the trial or litigation setting.  If you believe that truly you were not at fault, and the plaintiffs decide in this case to sue, discuss counterclaims with your insurance defense attorney.  Your insurance company has a duty defend you, generally, under insurance contracts issued in the state of Washington. Otherwise, you have the option of discussing this matter with a private attorney which will likely not be paid by your insurance company.  This will allow you possibly to file assuming an analysis of the fact pattern reveals that liability can be found in your favor.

David Ayer · Answer

You can always file suit. Whether or not your suit will succeed or be dismissed is another matter. You will likely be suing on a theory of contributory negligence. They will use the citation against you. You should discuss this matter with a personal injury attorney who handles motor vehicle accidents.

James Kelaher · Answer

Yes you can; the police agency cannot charge someone with "causing" the accident but only for violating Florida law. You may be totally innocent in an accident but you could get a ticket for not having a valid license, for example, and that has nothing to do with the cause of the accident.

Steven A. Schwartz · Answer

You can sue anyone you wish.  Whether the person has a license or not is irrelevant to your potential case.  It has nothing to do with who caused the accident.  You will need to prove that the other party was more than 50% at fault to be able to recover any damages.  This may be difficult if you have no witnesses to prove the other driver went through a red light.

Vincent Bernabei · Answer

Yes.  Even if you were partially at fault, you can recover money damages as long as you were not 50% or more at fault.

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