Accident lawyers help people involved in car accidents. If you were involved in a traffic accident you want to know:
- why you received a traffic ticket?
- what will the traffic ticket do to your insurance rate?
- will insurance pay for the damage to your car?
- will insurance pay for your injuries?
An accident lawyer can answer these questions.
Car Accident Tickets
Tickets issued for car accidents require:
- witnesses who saw the accident to testify if the police officer did not witness it, and
- someone to identify you as the driver of the vehicle.
Often, no witnesses appear and the ticket is dismissed. A single car accident without witnesses is impossible to prove.
Careless driving is the most common traffic ticket issued in an accident case. The Careless driving statute (§316.1925, Fla. Stat.) is an affirmative law. It tells us how to drive not what is prohibited.
The law requires:
316.1925 Careless driving.—
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.
It stands to reason that someone was driving carelessly when an accident occurs. However, that does not mean that because you received the ticket you are the careless driver.
There are two types of accidents:
- An accident involving witnesses.
- An accident not involving witnesses (e.g., single car accident).
Always Challenge a Ticket Issued for a Car Accident
If you have received a ticket blaming you for an accident you should challenge it. The burden of proof is on law enforcement.
Police Typically Don’t See The Accident; They Are Not Witnesses
Since the police usually do not witness the accident they need actual witnesses to prove that you were careless. The Officer cannot testify about the accident unless he/she witnessed the crash. It is this fact that should compel you to challenge the citation.*
*At the very least, elect the traffic school option.
Don’t Pay The Ticket; Single Car Accidents
Don’t pay the ticket, don’t take the school – take it to court. This is especially true if you were involved in a single car accident which is impossible to prove.
The Consequences Of A Careless Driving Ticket
If you are found to be at fault in an accident case the implications go beyond the cost of the ticket. Insurance companies will often raise rates or may cancel your coverage. This can cost you financially for years.
- You will be assessed points if you pay the ticket.
- Tickets involving an accident have increased points.
- If your job requires you to drive you could find yourself unemployed.
Remember, just paying the ticket is an admission of guilt and points are automatically assessed.
The best way to handle your ticket is to take the driving school option (not available for CDL holders) or take your ticket to a hearing.
Accident Tickets With Injuries
Car accidents often involve injuries include:
- Accident causing Injuries (not SBI or Death)
- Accident causing Serious Bodily Injuries [SBI]
- Accident causing Death
These tickets require special attention. Contact our office as soon as possible.
Were You Injured In A Car Accident?
Contact us if you have been injured in a car accident. Accident injuries can present weeks after the accident. See a doctor immediately. If you are injured and do not seek medical attention within 10 days of an accident you may lose certain rights regarding your insurance claim.
Did you know that your insurance company is still contractually obligated to provide coverage for your injuries? Just because you were cited as the At Fault driver does not mean you cannot seek a claim against the other driver or drivers.
If you were hurt in a car accident you should contact us regardless of who received the ticket.
You Should Hire an Accident Lawyer
There are many issues during a traffic accident hearing. Challenging the basis for the ticket often results in dismissals. How do you challenge the basis for the ticket? You hire an accident lawyer.
We have been trained in the law and are in court daily doing this. We have the knowledge that you cannot learn overnight. We make sure you are informed and your best interests are protected.
Not every case is going to be dismissed. Sometimes the court will decide you are at fault. At that point we seek to minimize the consequences of that decision. Avoiding points is essential.