Am I at Fault if I Was Issued a Ticket at the Scene of an Accident in New Orleans?

It happens to the best of us—maybe someone rear-ended you at a traffic light, or perhaps you scraped the side of someone’s car trying to squeeze into a really tight parking space.

Sometimes it can be hard to figure out whose fault the accident was. Maybe you were both a little careless, or perhaps the accident was unavoidable, and it was nobody’s fault. Whatever the cause of the accident, unfortunately, somebody’s usually going to get a ticket.

However, just because you receive a ticket for careless operation of a vehicle doesn’t mean you were at fault. You might even be able to prove this in traffic court with the help of our experienced New Orleans traffic attorneys at Crescent City Law. 

Our lead advocate, John Radziewicz, understands the frustration and anxiety that can accompany a traffic ticket, especially when you believe you are not at fault. Our team is committed to providing support and presenting you with the options you have during this stressful time.

In car, truck, and motorcycle accidents, states follow either a fault or no-fault system. In a no-fault system, people can file a claim with their insurance company and seek compensation regardless of who caused the accident.

Louisiana is not a no-fault state; it is a tort state. In a tort state, if you are in an accident, you must prove the other driver was at fault to seek compensation.

This is why it’s crucial to seek the help of a traffic ticket attorney with a proven excellent track record after an accident in Louisiana. A skilled traffic ticket attorney can help you navigate the legal complexities, challenge any unjust tickets, and build a strong case to prove who was at fault. 

With their legal experience, you can focus on recovering while they work to protect your rights and seek the compensation you deserve.

Under Louisiana Revised Statutes Tit. 32, § 398, police are required to respond to the scene of an accident to write a police report and issue a citation if necessary.

These tickets tend to be more serious than your average speeding ticket. The most common citation is careless operation of a vehicle, which serves as a sort of catch-all for accident tickets. Other times, a driver might be ticketed for a more specific violation, including:

• Following too closely
• Failure to follow traffic signs
• Careless operation
• Running a red light
• Speeding

Police usually give the ticket to whoever “seems” to be at fault at the accident scene, and their investigation isn’t always the most thorough. Unfortunately, the court usually presumes that the person who was issued the ticket is at fault, but it is possible to provide evidence in your favor.

Having a skilled traffic ticket lawyer by your side increases your chances of a favorable outcome, allowing you to potentially avoid fines, points on your license, and increased insurance premiums.

It’s always a good idea to hire an attorney to fight your accident ticket in court. An experienced traffic attorney can help you secure the documents you need and make the case to have your fines reduced, such as an insurance letter.

If you have evidence that you weren’t responsible for the accident, bring this to your attorney’s attention. You could possibly have the citation removed completely or receive damages from the other driver.

Here are some other things you can consider to lessen charges and implications on your case:

• Make as much documentation as possible at the scene of the accident to support your claim.
  • Take pictures of the accident.
  • Write down your story of what happened.
  • Get contact information from any witnesses.
  • Obtain a copy of the police report.
  • Note the weather, road conditions, and any other relevant details.
• Keep records of any medical treatment you receive.
  • Save all bills and receipts.
  • Document your injuries and the treatment process.
• Communicate with your insurance company.
  • Provide them with all necessary documentation.
  • Keep records of all correspondence and claims.
• Avoid discussing the accident publicly.
  • Refrain from posting details on social media.
  • Limit discussions to your attorney and insurance company.

With an attorney’s help, you have every support you need and can use this evidence to mount a strong defense, regardless of the snap judgment made by a police officer at the scene.

The short answer is yes—you can fight your traffic ticket. Regardless of the details of the accident itself, an attorney can still get your fines reduced by making a plea bargain with the court.

At the scene of the accident, avoid doing the following:

• Saying anything to the other driver or the police that admits fault. It can still be possible to contest the other driver’s account of what happened and present evidence in your favor.
• Apologizing or making any statements that could be interpreted as an admission of guilt.
• Discussing the details of the accident with anyone other than your attorney.
• Signing any documents without fully understanding them. Wait until you have consulted with your attorney before signing anything.
• Engaging in arguments or confrontations with the other driver or witnesses. Stay calm and collect necessary information without escalating the situation.

In addition, you might be facing more legal troubles down the road, like a personal injury claim or even criminal liability. Retaining the services of an experienced traffic attorney can prevent future headaches, as well as the one you’re dealing with at the moment.

Whether you rear-ended someone or they rear-ended you, our team at Crescent City Law will work to help you get the best deal possible.

Contact us today at 504-264-9492 to schedule your consultation with our team and have your questions answered—rest assured that we have your back, no matter who was at fault.