Legal Question in Traffic Law in Florida
A state trooper wrote a completely false accident report that resulted in costs to me nearly totaling $5,000. Do I have any recourse to get any of my money back?
My car skided off the road while exiting the interstate highway at 11:30 pm on a rainy Thursday night just before Christmas. A road ranger was a few car lengths behind me on the exit. When they saw my car skid off the road, they immediately called 911. I skidded off the road onto a grass swale. I hit nothing. The Road Rangers were eyewitnesses that I hit nothing. I started to back up the slight grassy incline when the ranger pulled up. I told him that I was OK. Two minutes later an ambulance and State trooper cruiser pulled up. Everyone was asking me questions at the same time. Trooper asked me if I was aware that I knocked down a tree and a light pole but not to worry, my insurance would pay for it. I told him that i hit nothing. EMT's insisted that I go to the hospital because my BP was a little high. I said no, I am fine. They said that they can make me go, against my will, to the hospital. I thought that they were threatening to arrest me, so I got into the ambulance and was taken 7 miles to the hospital. There was nothing wrong with me!
Hospital bill: $3,700.00. They towed my car away with my cell phone in it. Towing and storage $285.00. Hospital security called a limo service to take me to the impound lot where my car was: $100.00. Ambulance ride: $691.00 Citation for running off the road: $167.00.
Thge citation said that there was $3,000 in property damages, $3,000 damage to my vehicle, and that the driver was uninjured, but a passenger was injured. I was driving alone. The report is pure fiction.
I did not file the "crash" report with my insurance company because the official report was untrue.
Two months later, in traffic court, the Trooper told the Judge that he was unable to reach the witness (the Ranger) so the case was dismissed. I was not allowed to say anything. Judge said, "Case dismissed. What more do you want?"
I have a signed affidavit from the eyewitness. I got screwed and the cop has his lying arse covered.Should this go to small claims court, or do I need to hire a lawyer and file a civil lawsuit?
1 Answer from Attorneys
You could certainly file suit in small claims court if you wish. However I would consult with a civil attorney to see if there may be better options for you.
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