Do I Still Have A Personal Injury Case If I Got A Ticket After My Car Accident?
Suppose you were involved in a Florida car accident with another driver, and then an officer issued you a traffic ticket. In such a case, can you file a personal injury case? Can you still recover compensation from the other driver? Most people assume that they cannot recover compensation through a personal injury claim if they are issued a traffic ticket after an accident. However, contrary to popular belief, being issued a traffic ticket after a car accident does not automatically mean that you can’t file a car accident claim against the other driver and recover compensation.
If you were issued a traffic ticket after a Florida car accident that left you severely injured, it is crucial that you stay calm and reach out to a skilled personal injury attorney for legal guidance. An attorney might be able to help you recover compensation from the other driver even if you were issued a traffic ticket after your accident.
Below are some crucial things you need to know if you were issued a traffic ticket after your Florida car accident.
A Traffic Ticket Does Not Automatically Mean You Are Liable
One of the most crucial things you need to know if you were issued a ticket after your Florida car accident is that a ticket does not automatically equal liability. When an officer gives you a ticket after an accident, they do so based on the available evidence at the accident scene. When an officer is issuing a ticket after an accident, they are generally doing so without knowing all the details pertaining to the accident. Therefore, the information in the ticket you received may not be considered concrete evidence that shows the actual events that occurred. However, if the police officer who gave you the traffic ticket directly witnessed your accident, things might get tricky.
Florida Is a Comparative Negligence State
In a car accident case, more than one driver may be liable. Fortunately, even if you are found partially to blame for your Florida car accident, you can still recover compensation. This is because Florida is a comparative negligence state. Florida’s comparative negligence rule will allow you to recover compensation from the other driver even if you are assigned some percentage of fault because of your ticket. However, you should know that the compensation you recover in such a case will be reduced by the percentage of your fault.
You Can Settle Your Case Outside Court
If you were issued a traffic ticket after a car accident, you might be feeling afraid that you can’t recover compensation because you think your case must go to trial. The truth is, most personal injury cases settle out-of-court. Your attorney might be able to negotiate a settlement with the other driver’s insurance company even if you were issued a ticket as long as the other driver played a role in causing your accident.
Contact Us for Legal Help
If you were given a traffic ticket after a Florida car accident and are concerned about whether you still have a personal injury case, contact one of our West Palm Beach personal injury attorneys at The Pendas Law Firm. Contact The Pendas Law Firm today to schedule a free, no-obligation consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Fort Myers, Jacksonville, Fort Lauderdale, Miami, Daytona Beach, and Bradenton areas.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html