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FL personal injury law, what can I do to change my statement that I was not at fault

Asked over 3 years ago - Orlando, FL

I was recently in an accident and stupidly admited fault when the officer was asking the questions becasue I was all freaking out (and therefore got the ticket ). When I got home my dad said I shouldn't have done that because technically the front of their car hit ME, so they were out of control and were at fault. The situation was: the light was green in both directions (mine just switched from a left turn green arrow to green dot), I turned left and they hit me once their light turned from red to green (oncoming). I wasn't too worried about my mistake at first, but now I have learned they have sought medical damages (which is total balony because they were only going 10mph and hardly had damage to their car). My question is since I got the ticket (and told the officer it was my fault) is there anything I can do take the fault off me? Does the statement one makes during the scene of an accident hold up in court no matter what?

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Attorney answers (3)

Ryan Michael Barnett

Reputation Level 7

Answered over 3 years ago. Criminal Defense Attorney in Pensacola, FL.

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There are Florida appellate decision which support the conclusion that your statement to the officer cannot be admitted in the event that the case were to go to trial. I recommend that you locate an experienced attorney to assist you in examining the case more closely. If you would like to discuss the case with me, please give my office a call to set up a phone consultation.

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Corey Adam Leifer

Reputation Level 9

Answered over 3 years ago. Car / Auto Accident Lawyer in Boca Raton, FL.

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The fact theat you may have made incriminating statements to the officer about your liability for the accident does not mean that you are unable to challenge liability at a later date. You should call your insurance company and make sure you give them your version of how the accident occurred. Based on the information you provided in your question, it is likely that you would be found to be at least partiually at fault for the accident. Generally speaking, when making a left turn on a solid green light, you have to yield the right of way to oncoming traffic. In cases where the is a dispute over liability, statements by independent witnesses (if any) can carry of a lot of weight with a claims adjustor when making their final decision about liability for the accident. It is entirely possible that this could be a case of what is refrred to as "comparative negligence" (liability is shared between multiple parties). You can also fight the ticket you received in court. A good attorney that is experienced in handling traffic tickets may be able to get the ticket dismissed in spite of any statements that you made to the officer at the scene of the accident.

With respect to the other party's claim for medical expenses, they would have to go through their own insurance for the first $10,000.00 in medical expenses. If their claim exceeds that amount, then they could pursue a claim against your insurance company if you have what is known as "BI" or Bodily Injury coverage. BI coverage is not mandatory in Florida so I would suggest that you call your insurance agaent and find out exactly what coverage you have on your policy.

www.leiferlaw.com

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Melvin Bowen Wright

Reputation Level 8

Answered over 3 years ago. Car / Auto Accident Lawyer in Orlando, FL.

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Generally, your statement to the officer is privileged in most cases and not admissible in evidence. In a civil injury case, even if you pay the citation, that fact is inadmissible in evidence, as a general rule. I don't believe here is any way, procedurally, to change the accident report, but there is no real need to do so. You can go fight the ticket if you want to, and that may help in certain civil matters, like injury or property damage claims negotiations.

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