Can I Still Bring a Claim For Injuries Resulting From a Car Accident If I Was Cited for Causing the Accident?

Motor Vehicle Collision Lawyers Assisting Residents of Jacksonville and Surrounding Areas

Being issued a citation for causing a car accident does not bar an individual from bringing a personal injury claim in order to receive compensation for injuries that they have suffered. First, a citation may not be used as evidence to determine fault. The police officer’s initial determination is not always accurate in placing blame, and additional evidence may indicate otherwise. The Jacksonville car accident lawyers at The Lawrence Law Group help injured victims gather information following a collision, and we are often able to prove that our client was not at fault for the causing a car accident even though the client was cited for being at fault. As a result, our client is then entitled to make a recovery for his or her personal injuries resulting from the accident.

Bringing a Claim for Injuries Resulting from a Car Accident After Being Cited

Florida is a no-fault state, meaning that regardless of who is determined to be responsible for causing a car accident, each injured’s person’s own personal injury protection insurance coverage will pay for 80% of medical expenses and 60% of lost wages up to a combined limit of $10,000.00. However, policy limits are not always enough to cover serious injuries. Under Florida law, a victim who has sustained a serious injury, defined as a permanent injury, disfigurement, or significant or permanent scarring, may pursue a personal injury claim seeking recovery for “non-economic losses” against an at-fault individual or entity. Non-economic losses include the loss of quality of life, pain and suffering, and mental anguish.

A police citation issued at the scene of the accident stating that one individual caused the collision is not determinative of fault. Police officers only make an initial observation of the scene and collect accounts from the witnesses who are available. Eyewitnesses are notoriously bad at accurately recalling how an accident happened. Another party may have been reluctant to tell an officer the truth in an effort to avoid blame, or evidence obtained later, such as accident reconstruction evidence, can reveal a different version of what actually happened.

Even if you were a contributing cause of a collision, that does not prevent you from receiving damages for your injuries from another party who was also liable. Florida follows a pure comparative fault scheme of awarding damages. Under this rule, injured individuals are awarded compensation in proportion to each party’s degree of fault. Even if the injured person was found substantially accountable for causing the accident, they can still be awarded damages for the remaining percentage of fault. For example, if you were found 50 percent at fault for causing the accident, you are still entitled to recover half of the value of your harms and losses from the other 50 percent liable party.

Different rules apply for drivers cited while operating a vehicle with a commercial driver’s license (CDL). A CDL driver must inform their employer of any citation, as well as notify the Florida Department of Highway Safety and Motor Vehicles if the citation was issued out of state. In these situations, a driver can still potentially recover compensation for their injuries through the workers’ compensation system. It is important to consult a knowledgeable car accident attorney following a crash for which you were cited to ensure that your legal rights are preserved.

Discuss Your Situation with a Jacksonville Attorney

Serious injuries that result from car accidents often require costly medical care, time spent away from work, and sometimes long-term physical therapy or other treatment. Just because a preliminary observation by a police officer has assigned blame does not mean that an injured victim does not have legal recourse available. The Jacksonville attorneys at The Lawrence Law Group offer dedicated and experienced representation for victims injured in many types of car accidents. Our firm can help gather, interpret, and present evidence to ensure that you vigorously assert your right to the compensation that you are entitled to receive to deal with the extent of your injuries. We represent accident victims who need a motor vehicle collision lawyer throughout Duval, Clay, Nassau, Flagler, Putnam, St. Johns, Baker, Brevard, Union, Columbia, Suwannee, Hamilton, Jefferson, Volusia, and Alachua Counties. If you were cited for an accident and want to know more about your legal rights and options, contact us online or call us at (904) 632-0077 to set up a free consultation to learn more about our services.

Client Reviews
I have known Mr. Lawrence for several years and in my opinion he is the most professional and trustworthy lawyer I have ever known. I have had dealings with other lawyers but they were not as good as Mr. Lawrence. I would highly recommend him. Carla
I was referred to Greg by a coworker after I received a bad injury from an auto accident and was so pleased with Greg, and staff. They literally took care of everything for me while I was healing and kept me updated every step of the way. Calls and emails were always accepted and returned promptly and they were extremely patient and helpful with any questions and concerns that I had. Should I ever need legal assistance again I will definitely be calling him and referring him to family and friends. Amie M.
I had a difficult disability case, and was referred to Greg by a judge. As an experienced lawyer myself, I was apprehensive about using someone I didn't know. As it turned out, however, I could not have been more pleased. Greg mastered the case in no time, and was nothing short of brilliant in getting me a substantial settlement. He's a lawyer's lawyer, and I recommend him highly and without reservation. Steve
I would like to take a moment to say thanks to Greg, and his staff for doing an excellent job with my deceased mothers nursing home case. After hiring two other law firms my brothers and I decided to hire Greg. This was the best decision that we made regarding this case. Greg took the time to get to know who our deceased mother was, and the important facts involving our claim. As a result Greg was successful in resolving our claim to our satisfaction. Greg is the best attorney that I have ever met! I would highly recommend hiring Greg for any nursing home, or any other claims. Falsario Arnold
Of all the things that pleased me about Greg was that he was always available to me. If I called or emailed, I spoke to him and wasn't pushed off to one of his paralegals or assistants (although they were very helpful as well). I felt like I had a lawyer - not a factory. Scott