Can you sue someone who falsely accuses you of a criminal traffic violation that you did not commit and have proof ?

Asked over 1 year ago - Fort Lauderdale, FL

Can you sue someone who falsely accuses you of a criminal traffic violation ( Hit and Run ) that you did not commit and have proof that you were not at the scene of the accident ?

Attorney answers (4)

  1. Christopher Robert Dillingham II

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . Possibly.

    In order to prevail in a defamation lawsuit, you must prove publication to another (not you), falsity (truth of the statement is a complete defense), and actual damages except in defamation per se cases (in which damages are presumed). You may also have legal recourse for malicious prosecution.

    These cases, though, are generally difficult to prove, and often, nominal damages of $1 are awarded. Keep in mind, too, that you cannot " squeeze blood from a turnip." You may have a perfectly fine legal case, but if the person is noncollectable, the courts cannot manufacture money simply because you prevailed. You may win, but that never guarantees recovery.

    I concur that we need far more facts before we could discuss anything beyond generalities.

  2. Sarah Gloria Jonovich

    Pro

    Contributor Level 8

    Answered . You can sue for anything... doesn't mean you will win.

  3. Rixon Charles Rafter III

    Contributor Level 20

    Answered . Probably not. Depends on the facts, and you posted almost no facts. Recommend you repost with the who (no names required), what, when, where, why, and how circumstances.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Philip Douglas Cave

    Pro

    Contributor Level 17

    Answered . As the others have said.
    But, was this a false report or a mistake. That makes a huge difference in any law suit.
    I suspect to prove "false" you would have to prove that the person deliberately, knowingly, and with a bad motive claimed that you did the act.
    Perhaps some of this would be shown through the police report. For insurance purposes the owner of the car that was hit would have likely been required to report this to the police. They would have investigated.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more

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