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Asked about 3 years ago - Crestview, FL
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My son was coming home at 11PM and took a left at a light that just turned green. The oncoming truck did not stop for a red light and hit him full speed. My son said the light was green for him and the 52 year old man said it was not. He denied having a red light. The had to cut both of them out of the vehicle.
Is there a way to contact who controls that light and see what status it was in at that time frame? I always thought when no witnesses were present and there is accident with conflicting statements- that both were at fault.
They just randomly blamed my kid saying he turned in front of the truck. We are in an area where the good ole boy status is strong - the policeman probably new the man. Is there some guidelines for police to use to determine fault?
Any ideas?
This happens more often than you think. The police officer will take statements from all parties, observe the scene, take measurements, gather any physical evidence, and then make a determination. Often, they will not write any citations in a "swearing contest" where the drivers blame each other and there are no independent witnesses. If your son was injured (sounds like a bad wreck), I strongly recommend you contact a top plaintiff's attorney in your area. The Levin firm in Pensacola is outstanding and could immediately begin investigating the facts of the case with expert assistance and prove the other driver was at fault, if that is indeed what the facts reveal.
Good luck to you and your son. Do not blame the police officer for his actions. Highly unlikely he would slant a crash report based on personal acquaintances.
There is a way to determine the light sequencing by visiting the traffic control office for the city or county that controls the intersection. I do not think it will be much help however. Your
question says your son had the green "light" and not a green "arrow" when he turned left. The difference is signifigant. If he had only a green light then he probably was charged with a violation of Fla. Stat. 316.123 dealing with a left turning vehicle. Essentially, it says it is his duty as a left turning vehicle to avoid oncoming traffic that is in the intersection, or so close to the intersection as to be a hazard. If this is the case, your son likely loses any challenge to his ticket. If he had a green "arrow" then the other driver had to have run the red light and the news is much better for your son.
There is no magic formula as you describe where both drivers get tickets if the stories are conflicting. The officer will simply use the facts and apply the law and they do sometimes resolve conflicting statements using other available evidence. They do not have the last word however. The civil infraction or "ticket" issued to your son requires proof beyond a reasonable doubt to convict him. This "ticket" standard is different than the standard used in our civil courts and in civil court, which deals with the property damage and any personal injuries, the standard of proof is different and the jury will never hear who got the ticket from the police officer. The Jury simply listens to all the evidence and make a decision based upon the facts and the law without hearing who got the ticket or who the officer believes. I suspect the inquiry of whether there was a green light versus a green arrow will be the main inquiry into whether he can beat the civil infraction or "ticket" and thereby set himself up to win any civil action for damages arising out of the accident where the standard of proof is the "greater weight of the evidence". Good Luck. For more accident information please visit my website, www.BryanCaulfield.com
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