Why Do Police Give Tickets When There Is a Car Crash?

The question often emerges: if the responsible party is already responsible for the damages caused, why do police still issue tickets? In fact, the primary reason is rooted in the principles of legal accountability, insurance claims, and the benefits of having a formal determination of fault.

The Legal and Insurance Perspective

When a car accident occurs, the at-fault driver often faces a myriad of challenges, including potential legal and insurance issues. While it's true that in most cases, the responsible party's insurance company will cover the damages, this does not diminish the necessity of legal accountability.

Violating Traffic Laws

The first reason for issuing a ticket is that the at-fault driver violated traffic laws. According to many departments, if fault can be determined, the at-fault driver will receive a citation. This is not merely a formality. It has several practical purposes:

Insurance companies prefer to have a clear record of fault, rather than relying solely on a police report. A citation serves as a documented evidence of the driver's violation. It provides an official record for the court, potentially validating the insurance claim, especially when the other party does not initiate a lawsuit or refuses to cooperate.

Respective Roles and Legal Procedures

When a police officer writes a ticket, they are not the complainant; their role is to document the incident. The other driver or an injured party can file a formal complaint, which is necessary for legal action. If the other driver does not proceed with a lawsuit, the ticket is often dismissed, and the driver will not face a financial penalty.

Determining Fault and Insurance Coverage

In cases where fault is not clearly established, such as when both drivers' actions contributed to the accident, there can be conflicting statements: he said, she said scenarios. Here, a ticket can serve as a formal determination of fault. For example, if you run a stop sign and the other party claims you caused the accident, having a ticket can help in determining whose insurance will cover the damages. Your insurance should not be required to pay the bill; instead, your insurer should cover the costs.

Additional Considerations for At-Fault Drivers

Even in instances where the at-fault driver may not have violated significant traffic rules, their actions might still contribute to the accident. For instance, if they made a poor turn or didn't quite make it through a turn, these negligent actions can be documented. Similarly, drivers who are known to be reckless, such as those speeding, being negligent, weaving in and out of traffic, or driving under the influence, can face legal consequences through tickets.

While the at-fault party may be civilly responsible for paying the damages, legal accountability through a ticket ensures that the violation of laws is formally recognized. Such tickets can be crucial in civil lawsuits, where the responsible party can use them to prove that the driver violated traffic laws, potentially justifying additional fines or damages.

In conclusion, while the responsible party is often responsible for damages, issuing a ticket serves multiple purposes, including legal accountability, insurance claim validation, and ensuring that traffic laws are strictly adhered to. The ticket is not just a formality but a crucial tool in the process of accident determination and insurance coverage.