What Does It Mean if No Ticket Is Issued After a Car Accident in Chicago? 

If no ticket is issued after a car accident, it can change how liability is determined and may influence your insurance settlement. Our Chicago car accident lawyers can help you pursue maximum compensation after an accident, even if there is no citation involved. Contact us today for a free consultation about your legal rights. 

Reasons Why the Responding Officer Didn’t Issue a Ticket

There are several reasons why no traffic tickets may be issued after a car accident. 

• Minor Accidents: If there are no serious injuries or car damage, the officer may decide it’s not necessary to issue a ticket.
• Lack of Evidence: It’s not always obvious how an accident happened. In this case, the officer may not issue a ticket to any of the parties involved.
• Lack of Fault: Sometimes, both parties are equally at fault, or the accident was due to circumstances outside of either party’s control. For example, icy conditions on the Stevenson Expressway may cause one car to lose control and hit another. 
• Officer’s Discretion: Illinois law bans municipalities from enforcing ticket quotas, meaning that police officers issue tickets at their discretion (65 ILCS §5/11-1-12). 
• Other Priorities: Chicago officers are required to assist accident victims. In a serious accident, they may prioritize this even if the driver violated the law. 

Traffic Tickets as Evidence of Fault in Chicago Car Accidents

If the other driver received a traffic ticket, this means the police officer believed they committed a traffic violation, such as speeding, running a red light, or reckless driving. This would make it more likely that they are liable for the car accident. 

However, no ticket doesn’t mean you have no case. The burden of proof in a civil case is not as high as a criminal procedure. Rather, you must prove that the at-fault driver is more than likely responsible for the accident through evidence. 

Your Ability to Pursue a Car Accident Claim If No Ticket Was Issued 

If you have been hurt in a car accident and suffered legal damages, you have the right to file a lawsuit against the at-fault party for negligence. However, if no ticket is issued, it may be harder to prove negligence. You should contact a skilled accident attorney who can perform further investigation into your legal options.

Comparative Fault in Illinois

Illinois uses modified comparative negligence, which means that every party is assigned a portion of blame (735 ILCS §5/2-1116). If you were less than 50% responsible, you can recover compensation, but a high proportion of blame will significantly reduce how much compensation you receive. 

Because of the lack of a ticket, the other driver may try to push for you to be blamed for more, which is why you need a good attorney to ensure you are assigned a fair proportion.

Determining Fault in the Absence of a Ticket

You must prove that the defendant owed you a particular duty of care, that they breached that duty, and that their actions directly caused the accident and the ensuing legal damages. 

To support your personal injury lawsuit, you will need compelling evidence, such as:

• Witness testimony
• Accident scene photos
• Vehicle damage
• Video footage
• Professional witnesses
• Police reports
• Medical records

These elements can help establish the driver’s fault even if no ticket was issued to the negligent driver after the collision. 

Circumstantial vs Direct Evidence in Car Accident Cases 

Circumstantial evidence means that it doesn’t immediately prove fault, but can imply fault. For example, a witness stating that they saw the driver using a cell phone could be backed up by cell phone records. 

On the other hand, direct evidence of a traffic violation, such as a ticket or surveillance footage showing the accident, directly proves that the other person is to blame. Your attorney will use a mixture of these to help prove fault. 

Illinois Driving Laws That Can Affect Your Claim

Illinois traffic laws that affect your claim include:

• No cell phone usage while driving (625 ILCS §5/12-610.2)
• Chicago speed limits of 30 mph on urban streets (§9-12-070)
• Exercising due care around bicycles and pedestrians (625 ILCS §5/11-1003.1)

Compensation Awarded to Car Accident Personal Injury Cases 

You can pursue compensation for the following damages in a civil lawsuit:

• Medical bills
• Future medical expenses
• Lost wages
• Property damage
• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life

We will negotiate with the at-fault driver’s insurance company to reach a fair settlement. If they refuse to provide fair compensation, our legal team may pursue a lawsuit against the responsible party. 

The Role of a Car Accident Lawyer

A car accident lawyer can strengthen your case for compensation in the following ways:

• Investigation: Lawyers will use all available evidence to identify who may have been at fault and why the crash occurred.
• Negotiation: A law firm is highly familiar with how insurance companies try to avoid paying out and will hold them accountable.
• Court Representation: Your attorney will guide you through the legal process, including sharing information with other parties, filing motions, and speaking in front of a judge and jury. 

Consult a Car Accident Lawyer Near You!

Insurance companies may be less willing to provide compensation without a traffic violation cited, making it even more important that you contact a skilled attorney for legal help. Call 888-424-5757 or complete our online form for a free legal consultation with a Chicago accident crash lawyer.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.