Legal Question in Personal Injury in Florida
I was involved in a car accident where the driver in front of me just stopped in the middle of the road which caused me to slam on brakes, makes skid mark and hit her from behind. I had another police officer that was a witness and I, neither the other driver, was cited for this. its been 3 yrs now and we are just going to court. There were no injuries but my car sustained the most damage than the other vehicle. my question is, can i beat this if i did not get a ticket? and how?
2 Answers from Attorneys
Florida Law requires that drivers leave a sufficient amount of space between vehicles to be able to safely come to a complete stop. The presumption is that if you hit someone in the back, you are liable even if they stopped for no reason.
If you are going to court, you need a lawyer. If your insurance company is involved, and the insurance company is providing a lawyer, you need to discuss the facts of your case with that attorney. If you don't already have an attorney, you are at a disadvantage, because you will not know what questions to ask witnesses that could negate your liability, such as an emergency situation caused by the other driver. (sudden, unexpected stop)
If there was a police officer who witnessed the accident, and did not cite either driver, his testimony will either hurt or help your case.
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