Can You Get A Ticket Days After An Accident?

Yes, you can get a traffic ticket days after an accident. Usually, that happens when police experience delays in investigating the crash. It may take them some time to assess camera footage, interview witnesses, and analyze how the collision occurred. As a result, it may be a few days before they find that you violated California’s Vehicle Code and mail you a citation.

Receiving a ticket doesn’t disqualify you from filing a personal injury claim, either. Your eligibility to pursue compensation for your losses depends on all the available evidence of your crash, not just the fact that you got a citation. These nuances are discussed in further detail below.

What Causes Delays In Ticket Issuance?

Delays in ticket issuance often result from delays in accident investigations. Police officers need time to determine the cause of the crash and identify whether the drivers involved violated traffic laws. The following issues can prolong the process:

Sometimes the other party files a report days after the accident, so the investigation begins late. A citation may follow if the police find that you violated a traffic rule.

If you wish to challenge the ticket, you must also gather evidence and follow court procedures. You need to demonstrate why the police did not have valid grounds to give you a citation.

What To Do After Getting A Ticket For Traffic Violations

After receiving your ticket, you must respond by the provided due date to avoid fines or a license suspension. If you miss the deadline, a court may impose a civil assessment penalty of $100.

Once you receive a citation:

• Review the Ticket — The citation will include the specific California law violation and deadline to respond.
• Decide How to Plead — Decide whether to plead guilty, not guilty, or no contest.
  • If you plead guilty, you admit the offense. However, this plea does not automatically establish that you’re at fault for the car accident you were in, since that depends on the complete set of facts and evidence.
  • If you plead no contest, you do not admit guilt, but you accept the punishment. A no-contest plea can’t be used against you as an admission of fault in any civil suit.
  • A not guilty plea means you want to contest the charges. You can ask the court for a trial if you disagree with the citation you were given.
• Pay the Ticket — If you don’t contest the ticket, pay the fine online, by mail, or in person. You can approach the court for help if you can’t afford to. It may give you more time to pay, reduce the amount you owe, break your payment into installments, or ask you to do community service instead. In some cases, you may be eligible for traffic school. Doing so keeps the points off your driving record and prevents insurance premiums from increasing.
• Address Fix-It Tickets — If you received a ticket for a minor issue you can fix on your end, like an expired registration or a broken taillight, resolve it. From here, have the back of your ticket signed, send it back to the court, and pay a small fine.

How To Contest Traffic Tickets

You have the right to contest traffic citations. Your case may be assessed in two ways:

• In Person — You and the officer present your case in court. The judge determines whether you are guilty or not.
• By Written Declaration — You present your case through a written statement and provide additional evidence. The judge makes a decision based on the arguments and facts that are presented. Through this process, you can contest the ticket without going to court. However, you can request a retrial in a higher court if you disagree with the result.

Generally, trials by written declaration require you to post bail. Some courts that use the MyCitations tool won’t require you to deposit bail to proceed.

When challenging a ticket, it’s essential to keep track of deadlines. This step is crucial, especially if there is a delay in ticket issuance. Address the citation and refrain from claiming ignorance. You should also avoid paying the ticket if you intend to contest it.

Here are some tips:

• Show up in court, especially if you promised to appear.
• Gather eyewitness statements to support your claim.
• Provide evidence that the violation was an honest and reasonable mistake.
• If your action was necessary to prevent harm, explain it to the court.
• Consider consulting car accident lawyers for complex cases.

Timeframe For Settling Traffic Tickets

In California, the deadline is the appearance date on your citation (or a revised date on a courtesy notice, if issued). The exact time limit to settle a citation varies by court. Within this timeframe, you can either pay the fine or contest the traffic ticket. Some courts may allow you to request an extension of approximately 60 days.

How Traffic Tickets Affect Your Insurance And License

Tickets may result in points on your driving record. You may accumulate points on your record if you receive convictions for moving violations such as speeding or running red lights. These may affect your auto insurance policy and driver’s license by resulting in:

• Increased Premiums — Insurers consider drivers with demerit points to be high-risk and may raise their premiums as a result.
• License Suspension — According to the California Department of Motor Vehicles, accumulating a certain number of points within a specific time frame could be grounds for suspension, namely:
  • Four points in a year.
  • Six points in two years.
  • Eight points within three years.

Receiving A Citation Doesn’t Necessarily Establish Full Civil Liability

After a car accident, you may still be eligible to pursue an insurance claim or personal injury case. In some cases, your traffic violation might not be related to the crash. For example, you won’t automatically be at fault for a sideswipe if you were given a ticket for expired registration. If the other driver was negligent, you may still be eligible to file a claim against them.

If you receive a citation because you contributed to the accident, you could still pursue compensation for your injuries and losses. California follows a comparative negligence system. Under it, multiple parties can share liability for a car collision. If you’re among them, an insurer or court could reduce your total damages by your percentage of fault.

To illustrate, consider the following scenario:

• You rear-ended someone at a red light because you were driving too fast.
• You received a speeding ticket.
• The police find that the accident actually occurred because the driver in front of you braked abruptly while answering a phone call.
• If a court finds you 15% liable, it will reduce your total damages by that percentage.

Ultimately, getting a traffic citation may affect how the accident is investigated and proven. However, it does not necessarily prove that the violation contributed to the crash. You can still pursue a claim even if you receive a ticket in California.

Steps To Protect Your Claim Even If You Get A Ticket

If you get a traffic ticket and pursue a personal injury case, the other party may challenge the extent of their responsibility. They may argue that you played a more significant role in causing the accident. As such, consider taking these precautions to protect your claim:

• Document Everything — Thorough documentation can support your claim. It’s crucial to do the following:
  • Take photos of the scene of the accident.
  • Ask witnesses for their contact information.
  • Obtain the police report as soon as possible.
  • Keep detailed records of all medical treatment.
  • Preserve any physical evidence from the accident.
• Report to Insurers — This step can be crucial if you are injured or if your car is damaged in the accident. If the other driver is uninsured or underinsured, you may need to pursue a compensation claim against your own auto policy. Many insurers require policyholders to report accidents within 24 hours. However, the exact time limit depends on the terms of your contract.
• Avoid Admitting Guilt — Be careful about what you say to the other party. Even a simple “I’m sorry” may be misinterpreted as an admission of fault for the crash. That may impact how insurers and courts assess fault in your case, especially if you already have a traffic citation for the incident. Additionally, you may have the option to plead no contest rather than guilty for a ticket related to the crash. Choosing to do so may be ideal. By pleading no contest, the other party will still have to demonstrate what happened rather than having proof of your negligence. A lawyer can help clarify these legal options.

Frequently Asked Questions About Getting A Ticket Days After An Accident

Being issued a ticket days after an accident can be confusing. You may have several questions about your rights and options. Below are some common questions about filing a claim after receiving a traffic citation.

When Can Police Issue Tickets After A Car Accident?

The California Vehicle Code allows officers to issue citations if they discover violations during their investigation. For example, they may issue a ticket if they find evidence of running a red light or speeding. Physical evidence, such as tire marks or witness testimony, can corroborate these violations.

Can I Get A Ticket For Leaving The Scene Of An Accident?

Yes, leaving the scene of an accident can result in a ticket. State law considers this action a hit-and-run offense. Depending on the circumstances, this offense can result in substantial fines and possible jail time.

Under the California Vehicle Code 20001, drivers have a duty to stop immediately if they are involved in an accident resulting in injuries or deaths. This duty applies regardless of who is at fault. Failing to stop puts them at risk of criminal charges.

Can I Still Recover Damages If I Receive A Traffic Ticket?

Yes, you can still recover damages even if you were given a citation related to the accident. These can comprise:

• Economic Damages — Financial losses documented through bills and receipts. Examples include expenses related to medical treatment (such as surgery or chiropractic care), repairing or replacing damaged property (including cars), and lost wages if your injuries prevent you from working.
• Non-Economic Damages — Intangible losses that have no inherent monetary value, such as pain and suffering, emotional distress, and a reduced quality of life.

Keep in mind, a citation does not prevent you from pursuing these damages. However, it may give the court grounds to reduce your award under California’s comparative negligence law. For example, if you are 20% at fault, you can still recover 80% of your total damages.

What If The Citation Was Mailed To The Wrong Address?

If the police mailed your ticket to the wrong address, you must still resolve the citation by the due date. This error may reduce or invalidate late fees or license suspension if you immediately inform the court. However, most courts state the citation date stands unless a courtesy notice provides a revised date.

Can Police Issue A Ticket Even If They Didn’t Witness The Accident?

Yes, police can issue citations even if they didn’t personally witness the accident. The California Vehicle Code authorizes them to issue a notice to appear based on reasonable cause from a traffic accident investigation.

Do Traffic Tickets Determine Fault In Car Accidents?

No, tickets do not determine fault. They only offer details about whether a driver was violating a traffic law at the time of the crash. Insurance companies or courts still review all available evidence of the case, such as the police’s initial conclusions and their own investigations of the accident, to assign fault.

Do You Need A Lawyer To Contest A Traffic Ticket?

You are not required to hire a lawyer to contest a traffic ticket. However, seeking guidance from one can be helpful for complex cases. An attorney can help you avoid costly mistakes, especially if:

• The ticket involves serious charges (such as driving under the influence, speeding, or reckless driving).
• You carry a Commercial Driver’s License (CDL), since a license suspension can affect your ability to work.
• You’re dealing with an out-of-state ticket.

In another scenario, you might sustain injuries due to the other driver’s actions. If so, you may instead think, “I need a personal injury lawyer to pursue an insurance claim.” A skilled car accident attorney can handle the legal aspects for you, particularly when it comes to anticipating how your ticket might affect settlement negotiations with the other party’s insurer.

How Long Do I Have To File A Lawsuit If I Got A Ticket But Suffered Losses In The Accident?

If your ticket raises disputes and prevents your case from settling, you may be eligible to file a civil lawsuit. You generally have two years to file a personal injury case for a car accident in California. Meanwhile, you have three years to sue for property damage. If you miss this deadline, the courts will likely dismiss your case. However, certain exceptions can alter this time limit. For example:

• The discovery rule may delay the deadline for injuries that were not immediately apparent.
• If a government entity is involved, victims have six months to file an administrative claim. From here, they can only sue if:
  • The agency rejects the claim. Victims have another six months to file a lawsuit.
  • They receive no response within 45 days. The general two-year filing deadline applies.
• If the victim is a minor, the statute of limitations usually pauses until they turn 18.

Do Lawyers Only Get Paid If They Win My Car Accident Case?

Yes. This outcome is possible if you hire a lawyer to help you pursue compensation after getting a ticket and sustaining losses in a crash. If your car accident attorney works on a contingency fee basis, they won’t charge you for their services unless you receive a settlement or court award. In other words, no win, no fee.

Contact A Lawyer If You Get A Delayed Ticket After An Accident

You can get a ticket days or even months after an accident. Some tickets may be issued later once police investigations conclude. You have the right to contest the ticket if you believe you were wrongly given a citation. Additionally, a ticket does not prevent you from pursuing damages if you sustained injuries.

In this scenario, you may be looking for free accident lawyer advice to clarify your rights. The car accident lawyers at Arash Law offer free initial consultations so you can learn about your options. We can help you understand California traffic laws and how they can affect your claim. Call AK Law at (888) 488-1391 or contact us online for a free case review.