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The Other Driver Got the Ticket – Do I Still Need an Attorney?

Posted by Liz Delsa | Mar 25, 2024 | 0 Comments

It might seem like a “no-brainer” – you're in an accident, and the other driver is ticketed while you're not. Maybe the police report states that the driver is the one responsible for the crash. So why would you need a lawyer for what appears to be an open-and-shut case?

Unfortunately, it's not that simple, and there are a number of ways a lawyer can help.

Insurers Don't Always Make Good Settlement Offers

Even in cases where their insured is clearly responsible for a crash, and your damages and injuries are clearly established, insurance companies won't give you their best settlement number right away. An experienced personal injury attorney can help you negotiate a better settlement by using their background from other cases to convince the insurance company that your case is worth more than what it's offering.

Police Reports and Tickets Don't Always Determine Fault

Police officers often fail to explore all of the possible reasons for an accident. The police report filled out at the scene may not take into account video evidence, eyewitness testimony, and vehicle “black box” information that can change the determination of who was responsible for the crash. In some cases, the other driver's attorney may conduct their own investigation and argue that you were the one at fault even when you know that's not the case. If you have an attorney working on your behalf, they can conduct their own investigation of the crash, and can help protect you against weak or unsupported claims from the other driver.

You May Reduce the Chances You'll be Found Partially Liable

Your lawyer's investigation of your accident may uncover details of the crash that the police (and the other driver's attorney) missed, which can make it more likely that the other driver will be held responsible and that you'll receive the compensation you deserve for your injuries, damages, and pain and suffering. This is important because Louisiana is a “comparative fault” state. This means that both drivers involved in a crash can be found to be responsible for some percentage of the fault.

For example, if you're found to be 30% responsible for your crash, and the other driver is 70% responsible, the amount you recover in a trial will be reduced by 30%. A careful investigation of a situation where the other driver was clearly 100% at fault can help reduce the possibility that your damages will be reduced.

The Delsa Law Firm, LLC, Can Help You With Your Accident Case

If you've been injured in a car or truck accident, even if the other driver was the one who was ticketed, call the Delsa Law Firm, LLC today at (985) 882-1222, or use our contact form to learn more about how we can help make sure you recover what you're entitled to after your accident. We've represented drivers, passengers, and injured pedestrians and cyclists in cases involving accidents across Louisiana, and we're ready to help you too.

We are located just off of I-12 in Slidell, near the intersection of Interstates 10, 12, and 95.

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