How can I fight a traffic court decision where the case was dismissed?

Asked almost 2 years ago - Richmond, VA

Had an accident with injuries. I had a green light, but the other driver claimed he had the green light. There was a witness, but he failed to show up in court and cannot be located. Also the other driver ran into my vehicle, but the police report shows that I ran into his vehicle. The other driver had no injuries, but I did.

Attorney answers (7)

  1. John Krozer Messersmith IV

    Contributor Level 2

    6

    Lawyers agree

    Answered . If you were injured you should contact an attorney immediately. He or she can help guide you through the claims process both with your own insurance company for issues such as potential medical payments coverage, property damage and uninsured motorist coverage. He or she can also advise you on your options for seeking compensation from the other driver. The fact that the other driver's traffic ticket was dismissed will not keep you from seeking compensation if that driver was negligent. Likewise, In Virginia, a police accident report is not admissible into evidence at any civil trial for personal injuries so the fact that it is incorrect is unfortunate but not a barrier to you seeking appropriate compensation.

    If you were not injured, you may still wish to contact an attorney about your options. You should also contact your insurance company in order that the accident can be investigated and a proper defense be provided to you if the other driver files a claim against you.

  2. John Weber III

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . If your case was heard in General District Court and you lost, you have 10 days to appeal the decision. If you do not appeal the case within the time period, the conviction will stand. This does not mean that you cannot pursue a civil case but does make the matter of proof more difficult. You should be sure to appeal the decision if you have not already done so and contact a lawyer to try and assist you with the injury claim.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Why do you want to fight the dismissal? It has no legal bearing on your potential personal injury claim.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  4. Colleen Marea Quinn

    Pro

    Contributor Level 4

    4

    Lawyers agree

    Answered . That sounds very frustrating - but as most of the lawyers have stated who have commented - the dismissal of the traffic court case does not doom your civil case. There is still hope. Be sure that you take care of yourself first and get or continue to get medical treatment. Also be sure to preserve the evidence if you have not yet done so such as getting photos of the damage to your vehicle. As stated by others - consult with an attorney immediately. You are welcome to call my office for a free consultation - we have an office at Willow Lawn (where I am) and another in Midlothian. The main number is 804-285-6253. My direct dial is 804-545-9406 and email is quinn@lockepartin.com. Website is www.lockepartin.com.

    This is general information only and every case must be examined in detail for more specific advice. The provision... more
  5. Alan James Brinkmeier

    Contributor Level 20

    5

    Lawyers agree

    Answered . You cannot change the police report. Report this to your insurer so that if you are sued assigned defense counsel will be provided via your coverage. If you have injuries, see a personal injury lawyer. If you have a good case, you probably will be on a contingency fee arrangement.

  6. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . At this point no, however, you can still bring a civil claim. I would suggest that you talk with an attorney and that you seek proper medical care.

  7. Bret A. Schnitzer

    Contributor Level 16

    3

    Lawyers agree

    Answered . If the case was dismissed than what is there to fight? Usually the dismissal of a case is a good thing.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more

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