Rear-end collision--Why no ticket?

[Perky]

What is the name of your state (only U.S. law)? Illinois

Just a quick question, but here's the background first:

My son's car was rear-ended at a stop sign. He had just taken his foot off the brake when a woman drove up from behind and hit him. His car was pushed 30 to 40 feet due to the impact. Both cars sustained considerable damage and had to be towed. The speed limit on the street is 30mph.

My son, his friend, and the driver of the other car were taken to the hospital. The friend was fine, but my son has a big bump on his head and needed stitches. I don't know about the other driver.

The police officer who responded to the scene told the boys that he was not issuing the other driver a ticket.

Question: Why wouldn't a ticket be issued for causing the accident?

Thanks in advance

 

[ecmst12]

You would have to ask the officer, there are several reasons why a ticket might not be issued. However none of them affect his liability for the accident.

 

[Perky]

Thanks

My son intends to ask at the police station, but I was just wondering. I thought tickets were always issued when one driver causes the accident.

 

[ecmst12]

Not at all. In some places, the police don't even investigate accidents unless someone is injured. Obviously that is not the case here. But maybe there was some mitigating factor that made the officer not want to write the ticket, maybe the driver is a friend of his, there could be a lot of reasons. Cops seem to have a great deal of discretion in deciding who to write tickets to. The insurance company doesn't need to see a ticket issued in order to determine fault, and they don't have to agree with the officer's determination if he makes one.

 

[Perky]

Okay, thanks again!

Maybe he did know her. Before the ambulance arrived, he suggested that my son didn't really need to go to the hospital! Well, hopefully the insurance will work it out.

Thanks again

 

[Florida Lawyer]

Also

Not sure about your jurisdiction, but in some, the officer on the scene will not issue a citation until later, after more investigation. It sounds crazy, but it's true.

Regardless, the lack of citation does not negate liability.

 

[Perky]

Thank you! Maybe he'll find out more when he gets the police report.