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Lakota R. Denton, PA

Asheville personal injury lawyer

What Happens If the At-Fault Driver Wasn’t Ticketed Following Your Car Crash?

If you’ve been in a car accident in Asheville, you probably don’t think much about the law enforcement officers who respond to the scene. However, your personal injury case may hinge on one key issue that directly relates to which agency dispatches officers to your accident, which is: you may find yourself in a situation where the at-fault driver received no ticket after your accident.

Which law enforcement agencies issue tickets after accidents?

If your accident occurred within Asheville’s city limits, the Asheville Police Department (APD) was likely the agency that responded to the accident. APD officers often do not write tickets to at-fault drivers in accidents.  This is in contrast to NC State Highway Patrol troopers, who typically do issue citations to at-fault drivers. Citations we commonly see are things like: “failure to reduce speed” or “driving left of center.”

While this may seem like a small detail in the grand scheme of the accident, insurance companies often use the lack of citation after an accident as an excuse to deny injured people’s claims, even when fault is clear. Their reasoning is that if there is no evidence for their client’s fault, how can they be expected to pay? Situations like this can instantly create yet another headache for people trying to get compensation for their medical bills from an accident that was clearly not their fault.

What can I do if police didn’t write a ticket after my accident?

Asheville personal injury lawyerYou may have trouble figuring out a course of action after the at-fault insurance company denies your claim or offers you a settlement that is much too low. People who try to handle their personal injury claims on their own don’t usually have experience negotiating with insurance adjusters or collecting evidence to build their case.  Click to read our article explaining what happens if you’re in an accident with an uninsured driver.

Hiring a personal injury attorney to handle your car accident case often gets better results than handling it on your own. This is especially true when there is a question of fault, as in cases where police did not cite the at-fault driver. Car accident attorneys use a variety of strategies to strengthen your case, taking the burden off of you, and allowing you to focus on your health and getting back to your normal life.


A good attorney will:

  • handle all communications with insurance adjusters
  • gather evidence from sources like security cameras that may have been present at the scene of the accident
  • speak to witnesses or even first responders, including police officers, about your accident
  • write letters of protection to your healthcare providers, allowing you to get treatment even if you cannot yet pay

Speak to an Asheville Personal Injury Attorney

There arAsheville car accident lawyere many pitfalls that can damage a car accident case. Some of them, like whether responding police officers cited the at-fault driver, are unfortunately out of your control, leaving you at a serious disadvantage when you try to handle your case without an attorney.

An experienced personal injury lawyer can help clients get the compensation they need after a car accident, even in cases where police issued no citation. Call us today to schedule a FREE personal injury consultation. At your initial meeting, we encourage you to ask questions, and you will discuss the particulars of your case with a skilled attorney, who will develop a plan for moving forward, whether this involves settlement with the insurance company or filing the case, and potentially going to trial to fight for what is deserved.

 

 

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Lakota Denton

Lakota Denton

Lakota Denton is an Asheville, NC trial lawyer who focuses on recovering for injured people. Lakota has been practicing law in Asheville, N.C. since 2011. Lakota attended Keene State College in New Hampshire and graduated with a degree in psychology in 2000. Lakota played professional soccer after graduating from college. In 2011 Lakota graduated Cum Laude from Western New England college where he was awarded the Edward Cooley Award for Excellence in Labor Law, The CALI excellence for the future award for Labor Law, The CALI excellence for the future award for Jurisprudence Survey, The CALI excellence for the future award for Trial Methods, and was a member of the American Association for Justice Moot Court Team. Lakota has been practicing in his own firm since 2013, focusing solely on personal injury. He is a member of the American Association of Justice, the North Carolina Advocates for Justice, the North Carolina Bar association, the American Bar Association, the National Trial Lawyers, and was awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. He has spoken at the Asheville Paralegals Association Luncheon and he served on the North Carolina Advocates for Justice Auto Torts leadership team in 2017. Lakota has won numerous jury trials with verdicts for his clients. For more information, contact our office.   

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