Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.
Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless driving and pled not guilty in my arraignment. The day of the accident the officer was very rash and only seemed to question my actions. I have images of damage done to my significant other's vehicle, as well as the police report of the day of.
A: I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged" and fight the citation. Second, if you do not prevail on the citation, you will not likely have any further recourse. If the case gets dismissed, you will have possible recourse if the officer did not have probable cause (or some rational basis) to issue you a citation. If the officer did not witness the events, then the determination was based on other's statements and the accident scene. If people lied and/or misled the officer, you might have possible claims as to those persons; however, in most cases, you will not have any recourse to sue for damages. Your citation is likely an infraction, not a criminal charge, so that lowers the possibility of serious punishment or liberty loss. You may still pursue your civil claim for damages against the other party if you can prove the elements of negligence against the other party. It is important that you speak with a lawyer right away about your traffic citation and your motor vehicle accident. Best of luck to you and the others involved.
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