You should certainly try to. If I were you, for a couple hundred bucks, I would retain a local traffic court lawyer to fight the citation, as you will be in a much stronger position with the truck's insurance company. Good luck.
Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
Florida law presumes that a rear-striking driver is responsible for an accident; however, it is a rebuttable presumption that can be overcome with evidence that in fact the driver of the front vehicle caused the accident. It sounds like the driver in front of you engaged in what we call a "gotcha stop" and if that is proven, he/she could be deemed responsible.
I would start by finding a lawyer familiar with traffic violations to help you with the ticket. At the same time, I would start making your claim to the other driver's insurance carrier. You may have a somewhat hard time finding a lawyer on the property damage claim if there are no injuries from the accident but I imagine someone in your area might be willing to help you out with that issue.
I would certainly argue that but for the truck driver's sudden & unexpected (u turns are illegal so not reasonably to be expected) you would not have impacted the truck. You run up against the counter argument of following too closely & thus being unable to stop in time. Perhaps a traffic attorney can help you not only fight the tix, but also make your property damage claim against the truck's insurance (or get some portion of your claim paid after discounting for your comparative fault). Good luck.
The information does not create an client/attorney relationship and is for general discussion purposes only. All persons are advised to see a lawyer for a thorough review and consultation regarding their case.
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