Personal Injury Video Law Tip
“If you plan to make a claim for injury, if you’re injured and you believe that the other person caused the accident, yet you’re given a citation for the accident, you must contest the citation. It will be very difficult, if not impossible, to mount the case if you do not contest the citation.”
– Dena Sisk Foman, Florida Personal Injury Lawyer at McLaughlin & Stern LLP in West Palm Beach
Additional Information about contesting an accident-related citation in a Florida auto accident case.
If you plan to bring a claim for injury and have been issued an accident-related citation, you do need to contest the citation. Officers give citations based on what they have been told or have been able to gather at an accident scene. However, officers are not experts on accident reconstruction most of the time. Further, they base their opinions on what others tell them happened. They usually go with the most likely scenario based upon what they have been told. However, what people think they see or want to see is not always the case. This is the very reason that there exists an accident report privilege in Florida. Most of what is contained in the accident report itself is privileged and does not come before a jury. This is because the accident report is prepared based upon hearsay. If this were not the case, then an officer could put anything on that report based on their own ideology or preference and it would be held as truth, regardless of why the statements were made.
While most of what is contained in the accident report does not go before a jury, it is still an influential document in the case. If the accident report lays liability for the accident at your feet, it will be hard to convince an insurance adjuster otherwise. The finding of liability on the accident report only emboldens the adjuster to defend the case. Therefore, it is important to contest the citation.
Personal injury law video number 100039: Video: Should I Contest An Accident-Related Citation in my Florida state Auto Accident Case?