Legal Question in Personal Injury in Florida
Does ticket fault in auto accident mean no personal injury suit?
If I was the person issued the traffic citation in an automobile accident, and there were no witnesses willing to stay at the scene, is it even possible to bring a personal injury case against the party not at fault? Without details, I understand you cannot comment on the chance I'd prevail, but I'm wondering if I should contact an attorney at all.
Thank you.
3 Answers from Attorneys
Re: Does ticket fault in auto accident mean no personal injury suit?
Sure, any party can sue the other for alleged personal injury. But then the plaintiff will have to prove his/her case. If you have been sued for alleged personal injury related to an auto accident, and you had insurance coverage effective at the time of the accident, provide the insurance carrier with the summons and complaint so the insurance carrier can defend your interests. If the carrier denies coverage of the claim, consult an attorney.
Re: Does ticket fault in auto accident mean no personal injury suit?
A good attorney will hire an accident reconstruction expert to come up with an opinion of who caused the accident. This happens in most of the cases now because witnesses don't stop.
Anthony Comparetto, Esq.
727-328-7900
www.helpwithlaw.com
Re: Does ticket fault in auto accident mean no personal injury suit?
The fact that the officer felt that you were at fault is not conclusive as to whether the other person is liable to you. In Florida we have comparative negligence, so that if you can prove that the other person contributed to the accident, that person owes a percentage of your damages based upon his or her percentage of negligence. With very bad injuries, even a small amount of negligence on the part of the other driver can produce a worthwhile recovery. Often, the police officer gets the facts wrong, and even when he doesn't, there can be significant negligence on the part of the other driver even though he committed no act which resulted in a citation. The citation is not even admissible in your claim against the other driver unless you plead guilty. Even if you do, violation of a traffic law is not conclusive evidence of your negligence or the other driver's lack of fault. The short answer to your question, is to contact an attorney with experience in personal injury law. Most such attorneys do not charge for an evaluation of your case and can tell you whether yours is worthwhile. If you wish, you may call me at (877) 993-1700.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
