At Fault Accident Defense FAQ

Being charged with a traffic violation that led to an accident is a serious offense. If found guilty, you will likely receive 4 points on your driving record. In addition, the guilty verdict will leave you at risk for a liability lawsuit. Having an experienced accident defense attorney in your corner is your best opportunity for successfully fighting the ticket and thereby reducing risk from a lawsuit.

Question: I was in an accident and got charged with running a stop sign in Fort Lauderdale. However, if the person who hit me wasn’t speeding and going so fast, there would not have been an accident. Shouldn’t the person speeding have gotten the ticket and not me?

Answer: Generally speaking, a person who runs a stop sign is going to be cited for the violation regardless of what else happens or where it occurred in Florida. If it can be established that the other person was speeding, that fact can be used in your defense as a mitigating circumstance. Even if they received a speeding ticket, it won’t mean your ticket for running the stop sign will be dismissed. In many accidents, both drivers share responsibility.

Remember that being cited for a violation doesn’t necessarily mean you’ll be found guilty at trial. I’ve been a traffic ticket defense attorney since 1997, and in those years I have successfully defended clients against stop sign violations.

Question: Can I sue the other driver who was speeding, even if they weren’t given a ticket?

Answer: Yes, and I could refer you to an attorney who specializes in that type of case. My expertise is as a traffic ticket defense attorney.

Question: What is the best defense against a ticket for running a stop sign? What about a defense for an accident caused by running the stop sign?

Answer: The best stop sign ticket defense is the one that best fits the specific facts of the case. I use my skills in discovery to find out exactly what happened by accessing the notes of the officer who gave the ticket and other strategies. I will determine such things as where the police officer was and if he or she had a clear view of your vehicle as you approached the stop sign. From what I learn, I’ll prepare the best stop sign ticket defense tailored to your situation.

It might be possible to show that running the stop sign was not the cause, or primary cause, of the accident. I will work to discover the facts of the case and determine the best defense.

Question: I couldn’t see the stop sign until it was too late because a large truck was parked close to it. Will the Court dismiss the ticket?

Answer: Parking is not allowed near a stop sign in order to prevent the problem you describe. If it can be demonstrated that the truck was illegally parked by being so close as to obscure your view of the stop sign, this will certainly help in your defense. I have also successfully defended clients in cases in which the stop sign was obscured by foliage, piles of garbage, graffiti, yard sale signs, etc.

Question: I got into an accident, and the officer gave me a ticket for running a stop sign and causing the accident. Can I defend myself in this matter?

Answer: You have the right to defend yourself. However, drivers defending themselves are rarely successful, especially against violations resulting in an accident. With so much at stake including points on your driving record and a potential lawsuit, hiring a traffic ticket defense lawyer with a proven track record makes good sense.

Contact me today for a free consultation. We can discuss reasons for and against defending yourself.

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• Call toll free 855.352.8425 or one of the many local numbers listed at the bottom of this page

Russell D. Bernstein, Esq.

Attorney at Law representing clients in Coral Springs, Hallandale, North Miami, Miami, Weston, Boca Raton, Jacksonville, Fort Lauderdale and neighboring communities.