Legal Question in Traffic Law in Florida

Traffic Hearing

I was recently involved in a accident where I struck a bicycle pedestrain and charged with failure to use care 316.130(15). I have a hearing soon. I had the right of way and was traveling in the right lane of a 3 lane (in each direction)road. I had a green light and was going through in intersection along with both cars to my left (one in center lane and one in left lane). The car to my immediate left which was slightly ahead of me slammed on his brakes. I did the same but struck a bicycle rider who was crossing on the other side of the intersection against a red light at a area not designated as a crosswalk. Am i at fault given i had the right of way? Does the bicycle rider have to be in court to testify to prove the case? What if he does not appear? Can the officer testify and that be enough? I cant believe i would be at fault given these facts. Please advise


Asked on 1/31/09, 9:32 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Traffic Hearing

Someone who saw the accident (i.e., the bicyclist, the other driver, or someone else who happened to be there) will have to appear to testify against you. Otherwise, you should be found innocent. The officer didn't see the accident, and his testimony will not be enough. In fact, in many counties, the officers are permitted not to appear on accident cases where they didn't witness anything.

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Answered on 1/31/09, 6:29 pm


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