The other driver was cited by police. Doesn’t that mean he is automatically responsible? Or: I was cited by police. Doesn’t that mean that I have no claim?


Although an important consideration, law enforcement citation at the scene does not end the inquiry as to fault.

Law enforcement is trying to determine if a traffic rule was violated, not whether or which party or parties were negligent. Law enforcement officers are not judges, and do not have the final say on any legal issues. And, fault may be apportioned between the parties in any percentage that adds up to 100 regardless of whether any or none of the parties were cited for violations of the rules of the road.

So, it is erroneous to assume that the outcome of a personal injury case has been determined once an officer cites one of the drivers.

Leave a comment