Topic 26577 | Page 1

Page 1 of 1
SHANNON H.'s Comment
member avatar

How long does a state have legally to cite you for an accident?

Andy Dufresne (a.k.a. Rob's Comment
member avatar

Depends on the state and the citation.

Look up "statute of limitations" in the state where you want to know.

Rick S.'s Comment
member avatar

Cite or "bring charges" can be two different things.

Example: I was in a motorcycle accident, where a drunk pedestrian ran in front of me at the last second and I had no way to avoid hitting him - and he died on the scene. I was medivac'd out. They had the scene blocked off for 6 hours, and it took them about a month to produce the traffic homicide report. Had I been found liable (at fault) in the accident, I likely would have been charged with vehicular homicide. I was not - case closed.

It really depends on the severity of the accident. If it was so severe that they had the scene roped off - if there was significant injury/death or significant property damage (beyond the vehicles themselves) - then it may take them awhile to produce the report and decide on charges.

Typically in minor accidents - if you aren't cited on the spot - then it's pretty much over. Most jurisdictions will make the "accident report" available after a week or so, and you can go down to the PD and pick up a copy.

But generally, if you aren't cited ON THE SPOT - you aren't going to get cited - ESPECIALLY SINCE (if) THE LEO DID NOT WITNESS THE ACCIDENT. Then they go by "general principle of law" - failure to yield (on intersection wrecks), following too closely (on rear-enders), careless driving (on "mystery" single car wrecks).

This DOES NOT TAKE INTO ACCOUNT CIVIL CHARGES - being SUED by the other party. In minor stuff - the insurance companies hash it out amongst themselves. In cases of personal injury, where someone is going for (or talked into) trying for a cash settlement for a permanent disability - it can take awhile for a case to be filed - and this depends on the statute of limitations for filing. Example: here in FL - it's 2 years to file a civil case for an accident - I waited until to day before the 2 year limit to file a case.

So - in your case - if you got in an accident recently: call the PD where it occurred and ask if there was an accident report and if you can get a copy of it. Chances are - absent the things I discussed above - if it was minor and you weren't cited ON THE SCENE - you won't be...



Operating While Intoxicated

Southern Dad's Comment
member avatar

I had a relative who was killed in a head on accident. The driver of the other car was not cited until over a month later. The really bad part... This was a texting and driving accident that killed someone and it's only a misdemeanor. The District Attorney can review the reports and make the decision if the police aren't able to come to a conclusion at the time. I was stunned they did not cite him for anything at the scene, he clearly crossed the centerline, that wasn't even in question.

Andy Dufresne (a.k.a. Rob's Comment
member avatar

It really depends on the citation or possible citation.

For instance in Missouri DWI can be a Class B Misdemeanor or a Class A Felony depending on the circumstances or prior DWI offenses. The arresting officer will only charge you will DWI. The prosecutor will look at the circumstances and prior record to determine if they want to amend the initial citation up to a higher offense level. Each class of misdemeanor has a different statute of limitations as does each class of felony.

Missouri DWI Laws


Driving While Intoxicated

Page 1 of 1

New Reply:

New! Check out our help videos for a better understanding of our forum features

Links On TruckingTruth

example: TruckingTruth Homepage

Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea

0 characters so far - 5,500 maximum allowed.
Submit Preview



Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More