The Other Driver Got a Traffic Ticket After Our Illinois Car Accident. Does That Help My Personal Injury Case?

After a car accident in Illinois, police officers may issue a traffic ticket to one or more of the drivers involved. If you were injured and the other driver received the ticket, it is natural to assume that the citation proves the other driver was at fault.

The answer is more complicated.

A traffic ticket can potentially be important to a personal injury claim, but the fact that a police officer issued a citation does not automatically establish liability. What ultimately happens with the traffic case may also matter.

Understanding the distinction is particularly important when an accident results in both a traffic prosecution and a personal injury claim.

Does a Traffic Ticket Prove Who Was at Fault for an Accident in Illinois?

Not necessarily. A police officer may issue a citation based on the officer’s investigation of the accident. Common citations following Illinois traffic accidents include:

• Failure to reduce speed to avoid an accident
• Improper lane usage
• Disobeying a traffic control device
• Following too closely
• Speeding
• Reckless driving
• Driving under the influence of alcohol or drugs

The fact that the other driver received one of these tickets can certainly be significant. However, receiving a ticket is an accusation that a traffic law was violated. It is not, by itself, a final determination of civil liability for the accident.

The traffic case and the personal injury case are separate legal proceedings.

What Happens to the Traffic Ticket After the Accident?

The driver who received the ticket generally has several possible outcomes in traffic court.

Depending on the charge and circumstances, the driver could plead guilty, be found guilty after a trial, receive court supervision, or have the charge dismissed.

Those distinctions can be important.

For example, there can be a significant legal difference between a police officer merely issuing a citation and the driver personally admitting wrongdoing by entering a guilty plea.

Illinois courts have addressed circumstances in which a guilty plea to a traffic offense may subsequently be relevant in civil litigation arising from the same accident.

That is one reason an injured person should not assume that the traffic case is irrelevant simply because an insurance claim or personal injury case is being handled separately.

What If the Other Driver Pleads Guilty?

A guilty plea can potentially be much more significant than the mere issuance of the ticket.

Illinois courts have recognized that a guilty plea to a traffic offense arising from an accident may, under appropriate circumstances, be used as an admission in subsequent civil litigation.

That does not necessarily mean that a guilty plea automatically wins the personal injury case. Issues such as causation, damages and comparative fault can still be disputed.

But an actual admission by the other driver may have evidentiary significance that the original citation alone does not have.

What If the Driver Receives Court Supervision?

Court supervision is a common result in Illinois traffic court.

Supervision generally allows a defendant to avoid a conviction on their public driving record if the required conditions are successfully completed. But an injured person should not assume that supervision necessarily makes everything that occurred in traffic court disappear for purposes of a related civil case.

The precise disposition matters.

For example, there may be an important distinction between a driver pleading guilty and receiving supervision and a driver contesting the charge and ultimately obtaining a dismissal.

Because of those differences, the traffic court record should be reviewed carefully rather than relying simply on an online case status showing that a ticket was “dismissed” or that the driver received “supervision.”

What If the Traffic Ticket Is Dismissed?

A dismissal does not necessarily establish that the driver did nothing wrong or that the injured person does not have a viable personal injury claim.

Traffic tickets can be dismissed for many reasons that have little to do with who actually caused an accident.

The prosecution may have difficulty establishing the traffic offense beyond a reasonable doubt. A necessary witness may not appear. Evidence may be unavailable. There may be procedural problems with the prosecution.

Civil personal injury cases also operate under a different burden of proof than criminal and traffic prosecutions.

Accordingly, an injured person may very well still have a viable civil claim even if the traffic charge against the other driver is ultimately dismissed.

What If the Police Did Not Give the Other Driver a Ticket?

The reverse is also important.

You do not necessarily need the other driver to receive a traffic ticket in order to pursue an Illinois personal injury claim.

Police officers frequently arrive after an accident has already occurred. They may not have witnessed the collision and may receive conflicting accounts from the drivers and witnesses.

Civil liability can instead be established through other evidence, including photographs, video, witness testimony, vehicle damage, accident reconstruction, electronic vehicle data and other evidence obtained during an investigation.

An officer’s decision not to issue a citation therefore does not necessarily determine who was legally responsible for the accident.

Can I Still Recover If I Was Partially at Fault?

Potentially. Illinois follows a modified comparative negligence system. An injured person may generally recover damages if his or her share of the fault is 50% or less, although the recovery is reduced according to the percentage of fault attributed to that person.

For example, if an injured driver suffered $100,000 in damages but was found 20% responsible for the accident, the recoverable damages could be reduced to $80,000.

If the injured person is found more than 50% responsible, however, recovery is generally barred.

This is another reason the issuance of a traffic ticket does not necessarily resolve the entire case. Responsibility for an accident can ultimately be divided between multiple parties.

Should I Pay Attention to the Other Driver’s Traffic Case?

Yes. If you were seriously injured in an accident and the other driver received a citation, tell your personal injury attorney about the traffic case.

Important information may include:

• The traffic court location and case number
• The specific charges filed
• Upcoming court dates
• Whether the driver entered a guilty plea
• Whether the driver received court supervision
• Whether the charge was amended or dismissed
• Police reports, body-camera footage and available video
• Statements made by the driver concerning the accident

Traffic cases can sometimes conclude relatively quickly, while a personal injury claim may continue for months or years. Evidence or information from the traffic proceeding may therefore become relevant long before the injury case is resolved.

What If the Other Driver Was Charged With DUI or Reckless Driving?

Accidents involving DUI, reckless driving or other serious traffic offenses present additional issues.

The State’s criminal or traffic prosecution remains separate from the injured person’s civil claim. The prosecutor represents the State of Illinois, not the injured person in a civil lawsuit.

An injured person may therefore want his or her own attorney monitoring developments in the criminal or traffic case.

A DUI or reckless-driving charge also does not automatically establish every element necessary to recover damages. The circumstances of the accident, the ultimate disposition of the charge and the available evidence still matter.

The Bottom Line

If the other driver received a traffic ticket after an Illinois car accident, the ticket may help your injury case, but it does not automatically prove that the other driver was legally responsible for your injuries.

What happened after the ticket was issued can be just as important.

A guilty plea, court supervision, conviction after trial and dismissal are not necessarily equivalent for purposes of subsequent civil litigation. Likewise, the absence of a traffic ticket does not prevent an injured person from establishing that another driver caused an accident.

Injured in an Illinois Accident Where the Other Driver Received a Ticket?

The Davis Law Group, P.C. focuses extensively on Illinois traffic, DUI and criminal matters and regularly handles traffic cases arising from motor vehicle accidents.

Our firm does not directly represent plaintiffs in personal injury cases. However, if you were injured in an accident and the other driver received a traffic citation, we can help determine whether the traffic case may be relevant and, when appropriate, connect you with experienced Illinois personal injury counsel who can evaluate your potential injury claim. We have developed a trusted network of attorneys that many of our clients have relied on for their personal injury cases. Contact The Davis Law Group, P.C. to discuss the circumstances of the accident.