I was cited by the police, but I was not at fault: Do I still have a personal injury claim?


Sometimes, in car wrecks, there is a dispute in liability. This is particularly the case when the innocent driver receives a citation by the police. Still, sometimes, there are ways to get around this.

We recently had a case in which our client was cited by the police for “failure to yield” to oncoming traffic. In that situation, she was on a moped, in the process of pulling out of a fast food restaurant, when she was hit by another driver.

The driver’s insurance company denied liability and refused to settle based on the fact that the police officer cited our client for the wreck. We knew, based on what our client was telling us, that they were flat-out wrong.

So, we investigated the situation thoroughly. We spent several hours at the accident site, which was in Cobb County. We spoke with the workers at the fast food restaurant, employees at the local gas station, and others. We were able to get a couple of people to sign an affidavit as to what they saw, and the ways in which our client was not at fault. This affidavit showed that the police, who were not present at the time of the wreck, got it wrong on the police report.

We then took videos of the intersection to demonstrate that the wreck could not have occurred the way in which the other driver says it did, or what appears on the police report.

We put all of this information into a package and told the other driver’s insurance company that their version of the story was flat out wrong, and our evidence proved as such.

At that time, the insurance company tendered the full policy amounts and our client was very happy.

If you or a loved one have been involved in a car accident, and you were not at-fault despite being cited by the police, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.