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.
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.