In the aftermath of a car accident, it may feel easy to defer to authorities and trust that they know how to determine what happened. However, authorities are fallible and you may sometimes end up with a ticket despite not being totally — or at all — at fault.
Fortunately, a traffic ticket fault determination isn’t final in the eyes of the court. So, can you still sue after an at-fault determination? In short, yes.
How can I file a car accident lawsuit if I was ticketed?
Suing after an at-fault determination means you’re challenging the validity of the ticketing officer’s claim or official report about how and why the accident occurred. That may sound intimidating but, as we said, authorities are fallible.
In some instances, the ticket may be wrongfully issued or the reports may have incorrectly listed the chronology of events. There are many reasons why a traffic ticket may not survive being challenged in court.
According to the state, only 6% of the 1.3 million traffic tickets issued last year for non-criminal moving violations resulted in obvious guilty verdicts without any reduction in the severity of the violation or related penalties.
In instances where the violations alleged in the traffic ticket are legitimate, you still may not be totally at fault. Florida follows the rule of comparative fault, which means that fault can be split between involved parties, with the percentage of fault reflected in the total possible amount of compensation for each party.
Why should I file a car accident lawsuit instead of just accepting the fault determination?
Florida requires all drivers to carry personal injury protection (PIP) insurance, which covers some expenses regardless of who is at fault.
Unfortunately, PIP only covers up to 80% of medical expenses considered to be reasonable and necessary. According to the Florida Department of Highway Safety and Motor Vehicles, the PIP coverage cap is about $10,000.
Suing after an at-fault determination may enable you to recover additional costs related to the accident, such as ongoing medical care or loss of income. A skilled Florida car accident lawyer can help you get the compensation you need so you can focus on what’s important: you.
Can I wait to file my car accident lawsuit?
Car accidents are scary and stressful even when they don’t result in any injuries. If you’ve been injured in a car accident, you may feel overwhelmed at the thought of adding one more responsibility to your to-do list. Though that’s understandable, putting off your car accident lawsuit is not in your best interest.
In Florida, you have four years from the date of the accident to file a lawsuit. However, the longer you wait, the harder it may be to gather and review the evidence necessary to argue your case successfully.
On the whole, it’s best to file your car accident lawsuit sooner rather than later.
How can I get started?
Once you’ve decided to sue after an at-fault determination, contact an experienced attorney before anything else. A Florida car accident lawyer will not only be able to counsel you on the best possible legal paths forward, but they will be able to answer any questions you have about how to make your case as strong as possible.
West Palm Beach Auto Accident Lawyer has won its car accident clients millions of dollars in settlements and verdicts. These compensation awards can mean the difference between being able to afford the care you need and having to go without.
Let us help you get the treatment you deserve. Contact us today for a free, no-obligation car accident case evaluation. Call us at 561-621-4200 or visit our website to schedule your free car accident lawsuit consultation.
Get in touch
Call us or fill out one of our web forms to speak with a West Palm Beach auto accident lawyer to get help filing your claim to get the money you’re owed.
515 N Flagler Dr, Suite 1150
West Palm Beach, FL 33401