Traffic Ticket Not Prerequisite to Recovery

September was an unusually bad month for traffic fatalities in and around Rochester and Livingston County. There were a large number of traffic accidents that resulted in death, including several car-pedestrian accidents. Among them was a woman from Brighton killed when struck by a car when she attempted to cross West Henrietta Road. The driver of the car that hit her was not ticketed by police authorities.

People often ask me in such cases if the family of the woman who was killed can still recover against the driver of the car who ran her down. The answer is "yes". Fortunately, there is no rule or law that says in order to sue the responsible driver for injuries, that driver must have been ticketed. It is up to a jury, not a police officer who did not witness the crash, to determine who was at fault. While a traffic charge and conviction can make it easier to prove who was at fault in an injury case, it is not required.

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