Q: what penalties are expected for court citation

A: Hello Asker,

The penalties for an accident that did not cause A Injuries (needing to be carried from the scene) are not serious as far as criminal law is concerned. It is a petty offense meaning it is not a misdemeanor punishable by jail. The maximum penalty is $1,000 though it is likely to be lower than this. That said, the administrative and civil ramifications can be very severe.

First, the administrative issues refers to the issues it may cause for your driving privileges. The offense is a moving violation and can result in a suspension if you are convicted and have had recent traffic convictions. You can also have your license suspended if you did not possess insurance at the time and fail to compensate the victim. Lastly, you can be suspended if you fail to acquire SR22 if again, you did not have insurance at the time.

The second and much more serious issue is civil. This refers to lawsuits stemming from the damage. In a civil action, you can be sued for the harm suffered which can be substantial. In some events, insurance may not cover the damages leaving you on the hook. Additionally, your insurance company may seek restitution from you. If you resolve your accident case poorly, it can be used as the basis for determining fault in a civil case. This not only weakens your bargaining power in a future civil case but it can actually result in your case being much harder to win. For this this reason, you will want a traffic attorney to ensure the case is concluded in a manner that won't establish fault for any future litigation.

Hope this helps and let me know if you have any further questions!

Sincerely,

Jason A. Wilkins

Attorney at Law in Matters of Traffic

(630) 445-2293