Legal Question in Traffic Law in Florida

My Car Accident Situation

I live in Florida

I was involved in an accident a couple of weeks ago. Here goes.

I was pulling out of a parking lot to make a left turn. The area was completely dark because of out street lights that have been out for a years. The city has not replaced them to my knowledge in a long time. It was a dark rainy night. There was a black SUV without it's headlights on. Obviously, due to all of the above, I could not see it. I pulled out and he hit me full force, didn't even attempt to brake. Of course, the 18 year old kid lied to the cops and told them he had his lights on, so they issued me a ticket. So, not only now do I have a citation to pay, but a totaled car I will have to replace and a back injury to boot. I feel like I have not received justice in this situation. Can someone give me some recommendations? Should I fight the ticket? Do I have any case due to the out street lights? Please help! Where's my justice in this?


Asked on 6/04/07, 4:02 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: My Car Accident Situation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You asked virtually the same question the other day. In case you did not receive my answer, I am reposting it now.

Enter a plea of not guilty to the ticket. When you receive notice of the trial, make sure you appear, preferably represented by competent counsel, and present your side of the case. The better prepared you are, the better chance you will have of having the case dismissed.

Please understand that a positive result in traffic court is not dispositive of the personal injury suits that have been filed against you. Your attorney provided by your insurance company will have to defend you on those actions separately. If you do not have insurance you should obtain counsel on your own which may prove very costly.

As to the street lights, that is a separate issue which you might wish to pursue but frankly, will be hard to win. Your attorney can advise you as to the merits of any potential action.

Scott R. Jay, Esq.

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Answered on 6/05/07, 12:46 pm
Raul Ruiz The Law Offices of Raul Ruiz, P.A.

Re: My Car Accident Situation

You should contact a local personal injury attorney to discuss this case. It is a bit too complicated to discuss potential legal issues in this case by use of this site. There may be liability on the part of the City, but it is difficult to tell without more information.

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Answered on 6/04/07, 11:41 am


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