Traffic Citations and Accident Liability in Maryland: Understanding the Rules and Consequences
Can a driver receive a ticket for causing an accident even if the police were not called to the scene?
Understanding Traffic Citations in Maryland
Unlike some jurisdictions, in Maryland, a private citizen does not have the authority to issue a traffic citation. This means that for minor property damage accidents, whether a driver receives a citation depends on the involvement of law enforcement.
When the police are not called to the scene, there is no one who can write a citation. In these cases, insurance companies conduct their own investigations to determine fault and compensate accordingly. This system ensures that claims are handled based on factual evidence rather than arbitrary citations.
The Role of the Police in Traffic Accidents
For minor property damage accidents, the insurance investigation process is typically sufficient for determining liability. In Maryland, it is rare for me as a law enforcement officer to issue tickets for property damage accidents. The exceptions would be for more serious offenses like DUI, hit-and-run, reckless driving, and aggressive driving. Issuing tickets in these cases is justified as they pose a significant threat to public safety.
Clarifying the Impact of Police Involvement
It is crucial to note that the absence of a citation does not affect the insurance investigation or the ultimate liability determination. In the majority of cases, if an officer did not witness the traffic infraction that led to the accident, the at-fault driver can still be held accountable in court. This accountability is ensured through the testimony of witnesses who are subpoenaed to court to recount what they observed prior to the collision.
If an officer issues a citation based on the word of a witness, that witness is typically subpoenaed to court. They will testify about what they saw leading up to the collision. If the witness fails to appear, the case can be dismissed for lack of evidence or postponed, and new subpoenas will be issued.
The Problem with Issuing Citations
One of the reasons I, and many other officers, stopped issuing citations at the scene of minor property damage accidents is because the victim driver or other witnesses would not appear in court. For example, if Vehicle 1 runs a red light and broadsides Vehicle 2, the driver of Vehicle 2 might insist that driver of Vehicle 1 receive a citation. Since I did not observe the accident, I would subpoena driver of Vehicle 2 to court if driver of Vehicle 1 requests a trial. By the time court comes around, driver of Vehicle 2 may have had their car repaired and might have received an additional settlement. In such cases, they are satisfied with the outcome and refuse to come to court.
The Broader Implications
This highlights the broader implications of issuing citations and the importance of having solid evidence. It also underscores the need for a fair and transparent system that can handle disputes without relying solely on citations. A well-functioning insurance investigation and the presence of witnesses in court ensure that all parties are held accountable for their actions.
In conclusion, traffic citations in Maryland for minor property damage accidents are issued selectively, based on the specific circumstances and the potential for ensuring accountability. The focus remains on fair compensation and the proper handling of claims rather than issuing arbitrary tickets. By understanding these rules and consequences, drivers can better navigate the aftermath of a traffic accident and ensure they receive fair treatment and compensation.