Legal Question in Traffic Law in Florida

Scenario: My husband was recently in an accident with an unlicensed driver. It was a rear collision and he was the rear driver so was cited for the accident. They were making a right turn when this happened. She pulled up, stopped to check traffic then went. He pulled up checked the traffic and went to go but she had stopped dead in the way. There was no reason for her to stop and she was already in the way had there been oncoming traffic. She also tried to get my husband not to involve the police but he was compelled to do so as it was a work vehicle.

Questions:

Is she at fault because she didn't even belong on the road to begin with?

Is there a way to obtain, if it exists, traffic cam footage to prove his innocence?

What is the typical cost of attaining a lawyer for an issue such as this?

Is a lawyer necessary for this? Could I defend him myself? How do I go about proving his innocence?


Asked on 9/19/12, 7:13 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Understand that your husband could get a ticket, but still not be "at fault" in the accident. Fault is a civil court concept, while the ticket is for traffic court. Fact that she shouldn't be on the roads might be something for the judge to know, but it will matter little in the outcome. Another misconception is that there are cameras at every intersection, and thankfully, this is not 1984, but even if there were a camera at the intersection, most do not record. You would need to contact the city or county to find out for sure. A lawyer is going to be very helpful. They can properly cross examine lay witnesses, who, unlike police officers, do not testify regularly so they can be exposed for weaknesses in their case. Furthermore, judges prefer to see clients with attorneys so that the process is more focused. You need to contact an attorney in your area. Prices will vary by location and the attorney themselves, so call a couple to find out.

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Answered on 9/19/12, 1:57 pm


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