In helping people who have suffered serious injury as the result of the negligent driving of others, it is not uncommon for the person who caused the accident to contest the traffic citation or ticket that they received. When they contest the ticket and push it all the way to a “trial” on that traffic ticket, the person who is injured will often receive a subpoena. Under the subpoena, they are required to appear at court. This causes a great deal of concern to many people.
Why Did You Receive a Subpoena if You Were Not at Fault?
First, understand that you are subpoenaed to be a witness, you are not “on trial.” Instead, although you were the one who suffered the serious injuries, you are also a witness to what occurred. Therefore, it is very common that you would be asked to provide that information in order to ensure that the citation or traffic ticket against the person who caused the accident is upheld.
What Happens at a Traffic Hearing
Second, your failure to show up at this hearing will never be of benefit to you down the road. It may look as though you are trying to avoid answering questions about the accident. Remember, it is likely only going to a traffic hearing because the other person denied responsibility. Therefore, whatever help you can give to help make that traffic citation “stick” may later help prove your case, in any event. Third, it is a very good idea to sit down with a car accident lawyer before you move forward on that subpoena. Make sure your bases are covered. Make sure you understand the type of hearing you are going through. Perhaps, it may be helpful to discuss what may take place and the questions that you may be asked.
Speak with a Personal Injury Attorney Before You Testify
If you have received a subpoena for a traffic court hearing, please do not hesitate to contact us. We will be happy to try to explain the process to you so that you know how to handle your situation. Although our skilled injury attorneys at The Husband & Wife Law Team do not handle traffic tickets in our office, we do help many people who have suffered very serious injuries as a result of car accidents, and therefore this is an issue that we see on a regular basis.
Frequently Asked Questions About Car Accident Subpoenas
Do I need a lawyer if I am just a witness at a traffic hearing?
Answer: While you aren't required to have an attorney for a traffic hearing, consulting your personal injury lawyer beforehand ensures you don't inadvertently give statements that defense insurance adjusters could distort against your injury claim.
What happens if I fail to appear in court after receiving a subpoena
Answer: A subpoena is a mandatory court order. Failing to appear can lead to contempt of court charges, monetary fines, or a warrant. It also damages your injury claim by making it look like you are avoiding questions.
Can the at-fault driver's lawyer question me at a traffic ticket hearing?
Answer: Yes. If the driver hired an attorney to contest the ticket, that defense attorney or the prosecutor may ask you questions about speed, road conditions, and how the crash occurred.
Will the traffic court judge decide who pays for my injuries?
Answer: No. Traffic court only determines whether the at-fault driver violated state traffic laws. However, a guilty verdict or conviction in traffic court serves as powerful evidence of liability in your separate personal injury claim.