The traffic ticket is irrelevant to liability in a car accident. Most of the time, a traffic ticket and the outcome isn't even admissible in a personal injury case. There would be an independent case. Whether you are entitled to compensation from the other driver's insurance depends on whether the other driver is at fault.
This is not to be considered legal advice nor does an attorney-client relationship exist.
Attorney Trabin has offered you some very good advice.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Call a personal injury attorney regarding the details of the accident. Florida has comparative negligence, meaning you can recoup the percentage of your damages that a jury finds you not at fault. Of course coverages are another story.
How did the crash happen? If the other person caused it, you might have a case.
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One of the other attorneys correctly answered that a traffic ticket determination is not relevant or admissible in a personal injury case. Fault for the crash is the key to the case. If you are not at fault, or only partially at fault (Florida is a comparitive negligence state), you are entitled to recover for six types of damages in the state of Florida including medical expenses. However, if you had the required automobile insurance, your own PIP policy is responsible for 80% of your medical expenses and 60% of your lost wages, regardless of fault. The remaining bills are paid by the at fault's insurance carrier. You may also be entitled to other damages depending on whether you were injured and the extent of the injuries.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Seek huge advice of an auto accident attorney. It has been a few days. Many of the attorneys on this site focus our practice in helping injured accident victims such as yourself.
If the other driver was at fault, you can make a claim against him/her. The question is weather or not that person and./or the vehicle has insurance. Florida law requires that everyone has at least $10,000 in property damage insurance which would cover the repairs to your vehicle. Some or all of your medical bills are supposed to be paid by your own auto insurance, Personal Injury Protection (PIP). Whatever PIP doesn't pay, you can claim against the driver and vehicle owner. Your medical provider is probably well aware of PIP coverage. PIP can also be used to pay for part of any lost wages.
As far as making a claim against the negligent driver or owner of the vehicle for pain and suffering and any medical expenses and lost wages not paid by PIP, they would need to have auto insurance with bodily injury coverage (which vary in amount). Personal injury attorneys can look into what kind of insurance the other person has.
As far as your ticket, so long as you do not plead or found guilty, it is not admissible in a court of law. However, from a practical matter, insurance companies generally assume that whoever got the ticket is at fault and they end up using that in evaluating the value of the claim. But since you were acquitted, the insurance company may disregard the ticket altogether and determine who is at fault on the facts and circumstances of the accident.
Todd is a partner at the law firm of Stabinski & Funt, P.A., specializing in accident and insurance claims. Stabinski & Funt has been serving South Florida for over 42 years. Todd can be reached at email@example.com or by phone toll free (877)48-CLAIM. This is not to be considered legal advice nor does an attorney-client relationship exist. www.stabinski-funt.com
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