Tickets and police reports can be useful evidence for supporting a personal injury claim and proving the other driver was at fault for your car crash. But what if a ticket wasn’t issued? Does this mean you can’t file? The short answer is no. A lack of a ticket does not mean a lack of fault.
If you were in a car crash and neither you nor the other drivers received a ticket, you can still file a personal injury claim if the other driver caused the crash. While proving fault does not require that a ticket be issued, working with a skilled and experienced personal injury attorney can increase your chances of recovering compensation for your injuries.
Keep reading to learn more about why the police might not have issued a ticket, how this will affect your personal injury claim, and how to prove fault.
Why Wasn’t a Ticket Issued for My Car Crash?
There are two main reasons why the police might not have written a ticket despite a crash occurring.
1. No Laws Were Broken
How can there be a crash if no one broke the law? If neither driver was speeding, following too closely, or otherwise making illegal or poor driving maneuvers, it’s possible that a crash occurred without breaking any traffic laws.
2. The Police Couldn’t Determine Fault
If the police did not witness the crash and the cause is not obvious, they may not be able to determine what exactly happened without further investigation. Unless there is a death or serious injury, the police will not conduct an in-depth investigation. In this case, they wouldn’t write a ticket, and the police report might not have any information that’s useful for proving your claim.
The Importance of Proving Fault for a Personal Injury Claim in North Carolina
While a ticket being issued by the police may be very helpful for your claim, the ticket alone may not prove the other driver was at fault.
State Auto Insurance Requirements
North Carolina requires drivers to have liability coverage, but this only covers damages to the other person if you are the cause of the crash. Your injuries are not covered. In North Carolina, the only auto insurance policy that includes coverage for your own injuries is a Med Pay policy. However, many North Carolinians don’t have Med Pay, because they are not required to by law.
If you were in a crash in North Carolina and only have liability insurance, proving that the other driver was responsible for the crash is the only way to recover compensation for your injuries.
North Carolina’s Contributory Negligence Law
North Carolina follows a pure contributory negligence law for car crashes. Under this law, if you are found to be even partly at fault for the crash, you are completely barred from recovering any compensation for your damages. Proving fault is especially important in this case.
Not only do you need to prove the other driver was at fault, you also need to prove that you were not at fault. An experienced personal injury attorney can help you fight insurance companies and opposing attorneys if they are trying to pin part of the blame on you.
How Do I Prove Fault Without a Ticket?
Although tickets can be strong pieces of evidence, they are only one of the factors considered when determining liability for a crash. So, if no one received a ticket, you and your attorney will have to focus on other elements and evidence instead.
Accident attorneys have experience demonstrating negligence through a variety of methods, including:
- Assembling reports, video footage, or physical evidence from the crash scene
- Taking witness testimonies
- Performing accident reconstruction to recreate the crash
- Other investigative techniques
Call Myers Law Firm: Car Accident Lawyers in Charlotte, North Carolina
At Myers Law Firm, our knowledgeable car accident attorneys have experience countering North Carolina’s harsh contributory negligence law and helping clients fight insurance companies to receive the compensation they deserve. If you or a loved one have been in a car crash in which no ticket was issued and need help proving fault to recover damages, please don’t hesitate to contact us today.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.