Scooter Accident Victim Receives $40,000 Despite Being Charged With Fault At Accident Scene
Author: Attorney Daniel Villalobos
Did you know that simply because you receive a ticket for being “at fault” in the accident, you can still recover money for injuries suffered in an accident? Read this article to find out how!
Defendant Causes Accident With Client Riding A Scooter
Our client was riding a scooter/moped in Miami Beach, Florida. Suddenly and without warning, the defendant makes a left turn across a three lane highway and cuts in front of our client who is riding in the opposite direction in the right lane. Our client does not have enough time to stop but after slamming his scooter brakes, the scooter skid out of control and struck the back of the defendant’s car. Our client is thrown off his scooter and over the trunk of the car. The police arrive on the scene and for some reason completely unknown to mankind, issues our client a ticket. The officer reasoned that our client should have seen the car making a left turn and crossing over three lanes of traffic. Since our client should have seen the car, the cop reasoned that our client should have had enough time to stop. Needless to say our client was shocked that an officer of the law could know so little about the law and make such a ridiculous forensic conclusion. However our client did the smart thing, he kept his mouth shut while the officer issued the ticket, and afterwards he called the Miami Beach Scooter and Moped Accident Attorneys Dell and Schaefer. Our firm quickly dismissed the idea that our client could have been at fault in this accident. We convinced our client to fight the ticket (our client actually just wanted to pay the ticket to not be bothered with having to go to court). Just as we anticipated, the ticket was dismissed for failure to prove that our client could have caused the collision beyond a reasonable doubt.
Client Undergoes Treatment
After the accident, our client felt pain in his neck, back, feet, and ankles. The chiropractor diagnosed our client with traumatic injury to the cervical and lumbar spine as well as contusions to the ankles and feet. Our client underwent a course of physical therapy with a local chiropractor. After a few months of therapy with little improvement, our client sought the medical attention of a local orthopedist for his ankle pains. The local orthopedist diagnosed our client with permanent injuries to the ligaments and tendons of the ankles. He recommended surgery, for which our client was unable to undergo.
Dell and Schaefer Negotiate A Settlement
Since our client could not undergo surgery, our firm had to no choice but to file an injury claim based on the permanent nature of his injuries. Our firm immediately filed an injury claim against GEICO insurance company. Our firm sought monetary damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages.
After a lengthy negotiation, our firm resolved the case for $40,000! Our client was absolutely thrilled that our firm went the extra mile for him, despite the fact that he received the ticket and was found to be at fault at the accident scene. Everyone reading this article must understand that simply because an officer says you are at fault at the accident scene, does not mean you are at fault. Issues of fault still have to go through the criminal justice system and if the state cannot prove beyond a reasonable doubt that you are at fault, then you cannot be found guilty. Call us for a free consultation. There is no costs or fee unless we recover money for you.