As a Miami personal injury lawyer, I have heard many questions regarding tickets received after being in an accident. There is a great deal of confusion surrounding this issue, so here are a few answers to some frequently asked questions for you to review:
Will I get a ticket after being in a car accident?
Potentially, yes. This will be up to the officer who arrives on the scene. It is common for a ticket to be issued to one or both drivers.
Why would they ticket me after I was hit?
If it is clear that the other driver was at fault, you may not get a ticket. However, it may not be obvious who is actually to blame for the crash. Additionally, you could get a ticket for speeding, not wearing a seat belt or some other violation that may or may not have impacted the crash. For example, not having your insurance or registration available could result in your receiving a ticket, despite not being crash related.
Do I have to accept the ticket?
You need to take the ticket, but you do not have to admit fault. You can call my office and schedule a consultation to discuss your car accident. Bring your ticket to the consultation, and I can review it to determine whether you should contest it. For example, if you were given a ticket for a road violation, contesting it would be wise because admitting fault can hurt your case when trying to prove that the other driver was negligent or responsible for what happened.
What penalties are associated with getting a ticket?
Typically, you will have to pay a fine and may have other penalties as well. This can seem entirely unfair if you were the victim and were hit due to the negligence of someone else. Fortunately, you can fight the ticket and should do so with my help.
Is there anything I can do to reduce the likelihood of getting a ticket in the first place?
You should always call the police after getting into an accident. While you may be in shock and stressed by what has happened, you need to do your best to remain as calm as possible when they arrive. Doing so is in your best interest because you will need to explain to the officers what happened in a manner that is clear and calm.
If you can explain your version of the events and point out why the other driver was to blame, you will be better positioned for proving your case and decreasing the likelihood that you will receive a ticket. Regardless, it is important to remember that receiving a ticket is not the same as being found guilty and having to pay the fine, so whatever you do, don’t admit guilt.
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