I Received a Ticket in A Car Accident Do I Still Have an Injury Claim?
July 13, 2015
Seattle car accident lawyer Chris Small recently answered the question on his blog, will a traffic ticket hurt your car accident case? The gist of Chris’ answer was not really for a number of reasons but the most important is that the law enforcement officer was not there and didn’t see the accident, they are not accident reconstructionists, and often they just get it wrong.
Chris’ post brings up the same question here in Florida. If you get a ticket after an accident do you still have a car accident injury claim?
First, I agree with Chris in the long run. However, in the pre-suit period you may have a difficult time resolving the case with the insurance adjuster because they will rely on the police report and if you received a ticket it will be listed on the report.
Second, if you have to file a lawsuit in the case, your traffic ticket will not come into evidence. The accident report does not come into evidence because of the Florida accident report privilege. So, your case will be resolved or tried to a jury based on the facts and evidence your lawyer receives during the discovery process. I can’t tell you how many times over the years the investigating police offer just got the investigation wrong, and it required an accident reconstructionist to gather the facts and evidence and recreate the wreck with the proper information.
What’s the Lesson
The lesson is simple. If you’ve been injured in a Leesburg Florida accident, you received a ticket but you believe the other driver is responsible for the accident, don’t just give up. Consult with a Leesburg car accident lawyer, they will be able to look at the evidence and give you a fair and impartial opinion regarding the merits of your case.