Morgantown, WV asked in Personal Injury and Car Accidents for West Virginia

Q: Does the fact that the police didn't cite me help determining liability for my car accident?

1 Lawyer Answer
D. Michael Burke
D. Michael Burke
  • Personal Injury Lawyer
  • Martinsburg, WV

A: Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a non-negligent party. Ultimately, who is or is not charged has no bearing in a civil action arising from the wreck--the judge or jury listens to the facts and determines who--if anyone--was at fault.

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