The At-Fault Driver Who Hit Me Was Not Ticketed. Can I Sue?

 Posted on March 20, 2025 in Car Accidents

On March 13th, a crash on I-70 in Wheat Ridge claimed the life of a woman with a toddler in her vehicle. The suspected at-fault driver was traveling westbound in the eastbound lanes when he crashed into her vehicle almost head-on. The suspect was injured and transported to a nearby hospital. He is facing multiple charges, including driving a vehicle on the wrong side of a divided highway, vehicular homicide, failing to show evidence of auto insurance, and driving under the influence of alcohol.

Sometimes, there is only one contributing factor in a car accident. Situations like these combine several risk factors, making a collision much more likely. Although law enforcement often charges drivers with various traffic violations, citations are not always issued. Injured victims and the families of those killed often wonder if they can still file a claim for compensation if an at-fault driver is not ticketed. Your knowledgeable Denver, CO car accident lawyer can investigate your accident and assist with your claim.

What Are Car Accident Claims Based On?

Negligence is the basis for most car accident claims, with the majority of motor vehicle collisions caused by negligent driver errors. Tailgating, failing to yield the right of way, driving in the wrong direction, distracted or impaired driving, and speeding are common examples.

Every driver has a duty of care to drive safely to reduce the chances of causing a collision. When a driver makes careless, avoidable errors that result in injuries or fatalities, he or she is considered negligent.

You cannot just accuse another driver of causing your crash. You need evidence to establish negligence, fault, and liability. A traffic citation can serve as strong evidence, but you can still pursue a claim even if law enforcement did not ticket the at-fault driver.

What Evidence Do I Need for a Car Accident Claim?

Your personal injury case typically begins with you filing an insurance claim. If the at-fault driver has auto insurance, your claim would be against his or her policy. If that driver does not have insurance, you would file against your own uninsured/underinsured motorist coverage.

First, you must have evidence proving the other driver caused your collision. You must also prove that your share of fault for causing your crash is less than 50 percent. Finally, you need evidence supporting the amount of your economic and non-economic damages.

Insurance companies try hard to avoid paying claimants. They may deny claims, make low settlement offers, or dispute the extent of the effects your accident has had on your life.

Gathering evidence requires an investigation. You must also evaluate your eligible damages and calculate them accurately, then be prepared to fight the insurance company for the maximum amount. When you work with a skilled attorney, we handle every detail on your behalf.

Call an Experienced Denver, CO Car Accident Attorney Today

When another driver’s negligence harms you or those you love, one of the dedicated Denver, CO personal injury lawyers at The Gold Law Firm is here to help you pursue the highest available amount of compensation. Send us a message or call 303-694-4653 now to set up your free consultation.