I had a car accident Wednesday morning.
wasnt that bad tho
only had my car for 6 weeks!!!!!!

I was behind a Ford F250 as we were getting ready to go through the Sunpass lane entrance ramp. He was going slow and there was TWO other lanes next to us I decided to move over into those lanes and just go but as i was passing him(I wasnt trying to get in front of him) he hit my back rear left wheel with his front right bumper. When Florida Highway Patrol came, the officer told me it was my fault cause i was trying to go around him and i that i actually hit him!! He also said that if he had hit me there would be much more damage to my car?!?!?!
I was already in the lane passing him and it was my fault?? how is that possible?? so he gave me a ticket for careless driving!!

Should I take this to court??

http://pics.bbzzdd.com/users/CtK4949/accident1.jpg
http://pics.bbzzdd.com/users/CtK4949/accident2.jpg

 

was it a merge situation? Was his lane merging into yours, or was it an open continuous lane?

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the Sunpass lane and the lane i was in continue onto the turnpike

 

Oh... I see now (I think) approaching a toll area...

It would seem to me that unless you were at the point where there were no clearly/visibly marked lanes that it would be the other drivers fault. If for example you are in the right lane and had already committed to said lane and said lane was clearly/visibly marked then it would be the other drivers fault IMO if the other driver merged after you were fully into the lane. If the other driver was merging into that lane first and you were going by him but as you were going by him your rear end clipped him- then that would be either your fault or a nofault IMO. But it sounds to me that you were alreading fully into the lane before he decided to merge. Thus, if the lanes were clearly/visibly marked, I would challenge the officers determination in court. However if you were approaching the area near the tolls where there are no clearly marked lanes (open area) then I believe that technically it is your fault because youtechnically tried to pass the other driver using the same lane.

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Show up friday night at Bennegins and buy me a beer and I tell you it was his fault. [img]/w3timages/icons/wink.gif[/img]

 

Take pictures of the area and what damage you can and talk to a lawyer. You should always carry a camera in the car for this reason. Taking pictures at the accident scene of EVERYTHING involved can help you later.

http://www.floridag35.com

 

First off......being an LEO, let me ask you, what county did this happen in? Any witnesses listed on the report? Answer this, and I will tell you what to do....

 

it happen in Miami-Dade county
no witnesses

update: i should get my car back by Saturday. i talked to a lawyer and not one of those ticket lawyers and he said my insurance company will try to sort this out with their liability department and the other guys insurance and that its not worth it to take 2 court since i wasnt injured<P ID="edit"><FONT class="small"><EM>Edited by CtK on 10/14/04 05:55 AM.</EM></FONT></P>

 

What kind of lawyer did you see? If you went to a Personal Injury attorney then they sent you away for good reason. They get paid on a contingency fee, meaning that they can only collect 1/3 of your settlement for your bodily harm. They would get -0- out of helping you with your tickets and car damage.

You need to goto a lawyer specializing in traffic infractions. Sorry to hear about the car btw, keep us posted.