Legal Question in Traffic Law in Florida

traffic accident victim at rsik for civil suit?

My husband was returning from a liquor store in the evening and was hit by a 15 yr. old with a permit but no licensed driver in her car. The liquor bottles shattered upon impact and doused my husband so he smelled of alcohol. He showed the store receipt to the police officers who did not require any sobriety test of him. The teenager was cited for running a stop sign & driving w/o a license. The only witness to the accident smelled the alcohol on my husband and is convinced he was DUI and the wreck was his fault. The girl's parents' insurance company settled with us but the parents have hired a lawyer to fight both citations in traffic court. The police report indicates that no sobriety test was given, that my husband was not under the influence but noted that he had been drinking because my husband admitted to having a beer approximately 3 hrs. previously. Paramedics were also on scene but no injuries or suspiciion of him being dui was ever mentioned or noted. Can we be sued civilly if the girl gets these charges dropped? Do we need a lawyer?


Asked on 1/11/07, 11:42 am

1 Answer from Attorneys
Jacob Lieberman Lieberman Law Company

Re: traffic accident victim at rsik for civil suit?

Remember you can be sued for anything. However, it seems that this girl is just trying to get charges dropped as you have not been put on notice on a a civil case.

Remember, if you have insurance, (PD and BI coverages) your insurance company would hire lawyers to defend you if the unlikely event you were sured based on the circumstances proscribed above.

I have had cases where my client was guilty of actually committing a DUI but recovered money for personal injuries because the accident was not his or her fault.

Read more
Answered on 1/11/07, 4:35 pm


Related Questions & Answers

More Traffic Law questions and answers in Florida