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Traffic Tickets

Am I at fault if I was issued a ticket at the scene of an accident?

By February 24, 2021No Comments

It happens to the best of us– maybe someone rear-ended you at a traffic light, or maybe you scraped the side of someone’s car trying to squeeze into that 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 maybe 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.

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 an experienced attorney.

Why was I issued a ticket at the scene of the accident?

Under Louisiana law, 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.

What if the accident wasn’t my fault?

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, like 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.

Try to make as much documentation as possible at the scene of the accident to support your claim. Take pictures of the accident and write down your story of what happened. With an attorney’s help, you can use this evidence to mount a strong defense, regardless of the snap judgment made by a police officer at the scene.

The crash was my fault; should I still fight the ticket?

The short answer is yes. 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 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.

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 now.

Hire an attorney to fight your accident ticket today

So whether you rear-ended someone or they rear-ended you, Crescent City Law will make sure you get the best deal possible.

Contact us today to schedule your free consultation, and rest assured that we have your back no matter who was at fault.

Click here to download the free guide

“What to do if you got a traffic ticket”