According to news reports an 18-year old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately his Volkswagen hit a utility pole and a tree according to the Florida Highway Patrol.
At the time of this post, neither the driver, nor any of other drivers were charged in the accident. It does appear that the 18-year old was wearing his seat belt, however, liability for the incident has not yet been determined from the State of Florida’s point of view.
Most drivers who are injured in accidents that they are written traffic citations for believe that they forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury and no insurance company or judge can ever tell someone that because they were ticketed that they aren’t entitled to compensation. It is well-settled under Florida law that the jury is the lone determiner of liability and to that end, the fact that a citation was written in an accident is actually inadmissible in a trial.