Premier Lawyers to Help You Navigate Citations After a Car Accident
Maha Amircani, a motorcycle accident lawyer in Atlanta at Amircani Law outlines the most important information to know if you’ve been involved in a motorcycle accident in Atlanta.
Author: Maha Amircani, Founder, Amircani Law, LLC
Maha represents clients in state and federal court litigation as well as administrative proceedings. Her practice specializes in the areas of personal injury, criminal defense, and real estate closings. Published on: December 01, 2021. Last updated on: December 27, 2021.
A car accident citation can impact many aspects of your life moving forward, including a personal injury claim. Learn more in this complete overview.
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Amircani Law is different than the high-volume, quick-to-settle firms. Many of these firms are afraid of the courtroom and will take the first offer from the insurance companies.
What to Do When You Receive a Car Accident Citation
Receiving a car accident citation in Georgia can be stressful and expensive. If you’ve been in a wreck and received a ticket, the other driver will probably try to use that as proof that you were at fault, and therefore liable for any damages. Even when you got a citation, and there was no collision, there are still repercussions. You’ll be faced with fines, increased insurance rates, and points on your driving record.
Unfortunately, in situations where an accident occurred, the facts are less than obvious and are subject to the interpretation of the responding police officers based on witness testimonies. Rarely is law enforcement on the scene when the crash occurs. They can write the traffic citation and police report based on their observations if they are.
When they aren’t present during the accident, the police immediately evaluate the crash scene, examine the evidence, gather witness testimony, and interview all parties involved. Based on their evaluation, they form opinions and write tickets to those they think broke the law. If you were involved in a collision, an Atlanta auto accident lawyer from Amircani Law might be able to help you fight your ticket.
Navigating a Traffic Citation for Car Accident
When you’ve received a traffic citation for a car accident, you should contact an experienced car accident attorney. After a motor vehicle accident, accident victims have a lot to deal with. The lawyer can help you understand the accident report, file the insurance claim, and file a legal claim if they cannot get a favorable resolution otherwise.
If you have to take your case to court, you may be able to get compensation for the following:
- Car repairs
- Lost wages
- Medical records
- Ongoing crisis counseling
- Other injuries
It would help if you discovered whether the other driver admitted to being at fault in the accident by paying the fine while appearing in court or mailing it in. If a person doesn’t enter a nolo (meaning “no contest”) or not-guilty plea, it is an automatic admission of guilt. You might be able to use this as powerful evidence that the at-fault driver caused auto accidents.
What Is a Citation In a Car Accident?
If you are wondering what a citation is in a car accident and whether it has an impact on a personal injury claim, the answer is, “It depends.” The traffic ticket is often admissible in a civil injury case if someone pleads guilty to the violation. If there was a plea of not guilty or nolo contendere, the tickets may never be entered into evidence for the judge or jury’s consideration.
Personal injury lawyers may be able to offer advice regarding how you behave at the scene of the accident, how you should plead, as well as whether there is enough evidence to pursue a claim.
Do You Have to Go to Court for Citation With a Car Accident?
You may also be wondering if you have to go to court for a citation involving a car accident. You have the option to either mail in your fine, thereby inadvertently admitting guilt, or appear in traffic court to enter a plea. If you fail to take either of those actions, your license will likely be suspended, and a bench warrant will be issued for you.
Georgia is a fault state, so when a car wreck happens, the driver who caused the accident is liable for the damages. As a motor vehicle accident victim, you have the right to financial compensation from the other party. Having an experienced car accident lawyer helps improve your chances of receiving a fair settlement far before the trial is discussed. A lawyer will know which evidence is most convincing for an insurance company and how to negotiate for your rights.
How Much Is a Car Accident Citation in GA?
After an auto collision, you probably want to know how much a car accident citation is. Basically, it depends on the cause of the accident and the county in which it occurred. If you are cited for causing an accident due to speeding, the fine generally averages between $145 and $325. Certain cities and counties have higher fines.
Plus, if you receive a Super Speeder ticket, you face an additional fee of $200. A Super Speeder is defined in Georgia as someone convicted of driving at least 75mph on a two-lane road or 85 mph or more on any road.
If you are found guilty of causing an accident due to driving too closely, failing to maintain a lane, or yielding to oncoming traffic, you will receive a fine of up to $1000 and three points on your driving record.
What Is the Citation Fee for Causing a Car Accident in Atlanta?
In GA, the citation fee for causing a car accident varies. If you cause a collision while driving under the influence, you could be facing criminal charges, a personal injury lawsuit, as well as fines for your ticket. In fact, you can be assessed a $1000 base fine for each ticket that you receive. If you were swerving, you could receive a $1000 fine each for DUI, reckless driving, and failing to maintain a lane for a total of $3000 and jail time.
Reach out to a GA law firm to fight a traffic citation, and negotiate with your insurance company, as well as that of the other driver.
How Long After an Accident Can a Citation Be Issued?
How long after an accident can the courts issue a citation? You may receive charges well after the incident. Depending on whether it is for a misdemeanor or a felony, a GA citation may be filed up to one year after the accident.
Since they are rarely present at the scene, the police usually rely on witness testimonies and evidence gathered after the event to determine who is at fault. This enables them to create a police report that becomes an integral part of insurance claims and possibly litigation. Investigation takes time.
Aspects that may contribute to car accidents include:
- Driving under the influence
- Running a red light
- Weather conditions
To get accurate information, police often return to gather evidence, talk to witnesses, and view traffic cameras and determine whether laws were broken and by whom.
How Long After a Car Accident Can You Be Charged?
So, how long after a car accident can you be charged? If you are aware that you broke the law, anticipate a citation in the mail up to a year after the offense occurred. Although you may never get a ticket until the investigation is closed, you can’t be sure. Plus, if someone was injured, they have up to two years to pursue a personal injury claim in most cases.
After you have been involved in an auto accident, it is best to contact an attorney from Amircani Law for advice.
Type of Citation You Would Get for a Car Accident
The type of citation you would get for a car accident in the Atlanta area depends on the actions that led to the incident.
If you were determined to be faultless, you would receive no ticket. If there were unavoidable mitigating circumstances, that would likely impact the citation and subsequent judgment. If, however, you were found to be speeding or driving while distracted, you might receive the corresponding ticket.
How to Dispute Police Citation a Car Accident Fault
How can you dispute a police citation for a car accident that’s not your fault? Hiring a reliable attorney is the easiest and most effective way to dispute a police citation or personal injury claim after a car accident. Since a ticket is not a final verdict, you may be able to lessen or eliminate its impact by pleading “not guilty” and awaiting the court’s decision.
Unless the police officer was physically present during the wreck, their opinion of guilt is inadmissible.
Where to Go to Court for Citation for Car Accident
In cases where you wish to dispute the ticket, you need to know where to go to court for a citation for your car accident. Since even innocence doesn’t guarantee that you will leave the courthouse unscathed, hiring a skilled lawyer will likely provide the most favorable outcome.
An experienced lawyer can provide the necessary information and help you plan your strategy. Contact Amircani Law for a free consultation.