Being involved in a bad car accident can result in major injuries. And then to add insult to injury, the cop may have given you a traffic ticket. Even if the accident was not your fault, you may still have received a ticket. This can happen for a number of reasons, and can often be damaging to your injury claim against the driver who actually caused the accident. After all, it must be your fault if you got a ticket, right? Wrong!
Police officers are not experts in accident reconstruction. Usually, the cops arrive after the accident, and only gathers statements and evidence. An officer who arrives after the accident is usually restricted from testifying in court, and cannot give his “opinion” about how the accident occurred. Because of this, Florida has various evidence rules and privileges which may restrict the officer from even testifying regarding the traffic ticket.
However, do not pay the ticket! Paying the ticket will result in an admission of guilt for the conducted cited. It is important to fight the ticket and have it dismissed if you believe the accident was not your fault. The other party to the accident must testify under oath at a traffic ticket trial, and they are subject to cross-examination. Winning this “mini-trial” before your injury claim ever reaches litigation tells the insurance company what to expect if you file suit. This could help your injury case and give you a fighting chance against the insurance company.
There are many ways to get a traffic ticket dismissed, and not every injury lawyer knows how to successfully litigate in traffic court. If you have questions about your ticket or injury claim and want to speak with an experienced Florida attorney, check us out online at www.justinlinnlaw.com.