Q: I ran a red light and caused an accident what happens next?
A: You get a consult from an attorney who handles citations as to how you will discuss things, what and to whom; you have reported this to your insurance,but make sure you get your consult before you give a statement; you then let the insurance handle it.
A:
Hello Asker,
Typically, when a driver is determined to be at fault for an accident by an officer, they are issued a citation. This citation may or may not require your appearance in court. In most situations, it is advised that the ticketed driver appear in court rather than pay the fine because the prospect of potential dismissal exists. Your case may or may not be set for trial on your first court date. Whether it is set for trial on the first court date depends on the county and what paperwork, if any, you sent in.
If the case is set for trial, all witnesses will be required to be there. If all parties have been compensated by insurance companies or otherwise, it is less likely that they will show up. In the absence of all opposing parties who actually witnessed the accident, most courts will have the case dismissed if the defendant shows up. There are exceptions to this such as injured witnesses and witnesses who call ahead to notify the court of their inability to appear. Also, dismissals are rare when an officer witnesses the incident.
When it comes to accidents, particularly ones in which someone was hurt or insurance coverage is not forthcoming, representation by attorney is highly recommended. Yes, people do go to court and resolve these matters without an attorney but it is done at their own risk. Improperly resolving an accident ticket case can result in the case being used as evidence in a civil lawsuit, further damage to a driving record, and a reduced chance of dismissal.
For these reasons, it is best advised that persons in an accident speak to a few lawyers familiar with traffic law to see if representation is best for them.
I hope this helps. Let me know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
