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Do I automatically win my Florida personal injury case if the other person gets the traffic citation from the police officer? The simple answer to this question is “No”. A person does not automatically win his or her Florida personal injury case just because the other person received the citation following the Florida automobile accident. In Florida, a police report is generally inadmissible a civil lawsuit for the personal injuries against the driver listed in the accident report.
What is the reasoning behind this Florida law? If the accident report is admissible, then the decision or the factual resolution of a matter would be left to the police officer. In most automobile accident cases, the police officer does not personally witness the accident as it takes place. The police officer shows up after the accident already happened. Upon arrival, the police officer takes statements and assesses the accident scene. Then, the police officer makes an assessment as to fault or violation of Florida Traffic Rules and Regulations.
While the police officer has the power and duty to issue traffic citations, the police officer does not have the power or ability to determine the course of an insurance claim, civil claim, or civil lawsuit regarding the automobile accident. Even though the Florida accident report is not admissible in a civil case in most instances, the insurance company and parties will consider the conclusions and findings of a police officer in the police report in assessing the strengths and weaknesses of their particular part of the case. It is typically better for an automobile accident injury victim to have the other party issued the citation.
Florida laws are not always fair, reasonable or logical. Because the laws can be confusing and an accident victim can benefit from the services of an attorney, an injury victim should contact a Florida Automobile Accident attorney for advice, consultation and representation when pursuing a claim for damages / compensations related to a Florida Automobile Accident.
Most Florida traffic citations are issued pursuant to Chapter 316, Florida Statutes. You can read about these statutes at Florida Traffic Statutes, Rules and Regulations.