I was cited with a driving violation in my car accident and I was injured and it really was not my fault
The fact that you were issued the traffic ticket is not determinative of whether you can recover for your damages caused by another. First, police reports and tickets are generally not admissible as evidence. But more importantly, under Florida personal injury law, you are entitled to recover the damages you suffered as a result of the negligence or carelessness of another even if there is some liability that is attributable to you. Normally, if the case is not settled and your case is tried in front of a jury, the Jury will be asked to assign the percentage of liability to each of the participants in the accident which contributed or exacerbated your injuries.
For instance, if it is determined that your damages are $100,000.00, and the jury determines you were 50% at fault and the other driver was 40% at fault and a defective seatbelt caused 10% of your damages, then you would be owed $40,000.00 from the other driver, and $10,000.00 from the seatbelt manufaturer under a products liability page.
More Information: Please see our personal injury page for more information or call our office for your free personal i
Attorney: Maurice Arcadier
Date Filed: November 1, 2012