What If I Was Cited By Police After The Accident?
Being cited by the police after a motorcycle accident is a deeply unsettling experience, and it’s natural to feel anxious about how this will impact your ability to recover compensation. Many riders mistakenly believe a citation automatically means they are at fault, or that their claim is doomed. This is simply not true. A citation is merely an accusation, and it’s often based on preliminary information gathered at the scene—information that may be incomplete or inaccurate.
The police report and any accompanying citation are just one piece of the puzzle. Insurance companies will certainly consider them, but they are not the final word. As an attorney with over 13 years of experience handling motorcycle accident cases in San Diego, I’ve seen countless instances where a citation was disputed or even dismissed after a thorough investigation. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. They look for any reason to minimize their payout, and a citation can be a convenient tool to do so. However, it doesn’t mean your case is over.
Will a Police Citation Prevent Me From Recovering Damages?
Not necessarily. California law operates under a principle of comparative fault, meaning you can still recover damages even if you were partially responsible for the accident. The citation itself doesn’t automatically bar your recovery. The insurance company will investigate the accident independently, gathering evidence from witnesses, reviewing accident reconstruction reports, and examining the police report. They will then assess the degree of fault shared by all parties involved.
If you receive a citation, it’s crucial to contest it if you believe it’s unwarranted. This can involve hiring a traffic attorney to represent you in court and present evidence challenging the officer’s findings. Even if you choose not to fight the citation directly, it doesn’t preclude you from pursuing a civil claim against the at-fault driver. The standard of proof in a civil case (preponderance of the evidence) is lower than in a criminal case (beyond a reasonable doubt), making it easier to establish liability.
What Evidence Can I Gather to Dispute a Citation?
Building a strong case requires proactive evidence gathering. This includes:
- Witness Statements: Obtain contact information from anyone who saw the accident and ask them to provide a written statement detailing their observations.
- Accident Reconstruction: If the accident was complex, consider hiring an accident reconstruction expert to analyze the scene and determine the contributing factors.
- Photographs and Videos: Collect photos of the damage to all vehicles involved, the accident scene, and any visible injuries. Dashcam footage, security camera recordings, and even photos from your phone can be invaluable.
- Medical Records: Document all medical treatment you receive, including diagnoses, treatment plans, and expenses.
What Should I Do If the Police Cited the Other Driver?
Even if the other driver received a citation, don’t assume your claim will be straightforward. The insurance company will still conduct a thorough investigation. It’s essential to treat the other driver’s citation as a starting point, not a guaranteed victory. Continue to gather evidence supporting your claim, and be prepared to negotiate with the insurance company to reach a fair settlement. They may attempt to downplay the severity of the accident or argue that your injuries are not as serious as you claim.
How Does Comparative Fault Affect My Recovery?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Even if a driver argues you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover 80% of your damages. Civ. Code § 1714 governs this process. It’s vital to have an attorney advocate for you and minimize your percentage of fault.
What if I Was Cited for a Traffic Violation I Didn’t Commit?
If you believe you were wrongly cited, it’s crucial to contest the citation in court. This can involve hiring a traffic attorney to represent you and present evidence challenging the officer’s findings. A conviction for a traffic violation can have several negative consequences, including increased insurance rates and potential damage to your driving record. However, even if you are convicted, it doesn’t automatically mean you are at fault for the accident. The civil case will be decided based on the totality of the evidence, not solely on the outcome of the traffic citation.
Can I Still File a Claim if I Was Not Wearing a Helmet?
California is a universal helmet law state, requiring all riders and passengers to wear a safety helmet that meets DOT standards. While a violation may be used by defense counsel to argue for a reduction in damages via comparative fault—specifically regarding head or neck injuries—it does not bar a rider from seeking recovery for other injuries caused by a negligent driver. CVC § 27803 outlines these requirements. It’s important to consult with an attorney to understand how this may impact your case.
What is the Statute of Limitations for Filing a Motorcycle Accident Claim?
In California, you have a limited time to file a lawsuit for personal injury resulting from a motorcycle accident. CCP § 335.1 provides a **two-year** window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim.
What Should I Say to the Insurance Adjuster After Being Cited?
After being cited, it’s best to limit your communication with the insurance adjuster. Avoid making any statements about the accident without first consulting with an attorney. Insurance adjusters are trained to minimize payouts, and they may use your statements against you. Politely decline to provide any information and refer them to your attorney.
What if the Accident Involved a Government Vehicle or Road Hazard?
If a motorcycle accident involves a government-owned vehicle or a dangerous road condition like loose gravel, potholes, or poorly marked construction zones, a formal administrative claim **MUST** be presented within **6 months** (180 days). Failure to meet this strict deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover. Gov. Code § 911.2 details these requirements.
What if the Other Driver Was Intoxicated?
If the other driver was under the influence of alcohol or drugs, it significantly strengthens your claim. It is unlawful for any person who is under the influence of alcohol to drive a vehicle. Proving intoxication or ‘malice’ allows for the pursuit of exemplary (punitive) damages, designed to punish the defendant and increase the total recovery beyond standard medical and wage losses. CVC § 23152(a) and Civ. Code § 3294 are relevant here.
