If I got hit by a person who was speeding and I was making a left turn but the police officer didn’t ticket anyone, could I sue the driver who hit me?

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If I got hit by a person who was speeding and I was making a left turn but the police officer didn’t ticket anyone, could I sue the driver who hit me?

I was turning across the street. I looked ahead and there was a car heading towards me. The car turned on his turn signal soI proceeded. I was then hit by car.

Asked on August 15, 2012 under Accident Law, Indiana

Answers:

Micah Longo / The Longo Firm

Answered 8 years ago | Contributor

A key question would be where is the point of impact?  If the point of impact is more towards the rear-passenger side of your vehicle, then you could argue that the other driver was comparatively negligent.  In other words, you may be able to show that the other driver could have stopped or avoided the collision, but failed to do so.

Florida is a comparative negligence state, which means that even if you are 99% at fault, you may still be entitled to money damages.

 

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

In order to prevail in a lawsuit, you must be able to show that the other party was negligent and due to their negligence, they caused you damage.  Generally, when you make a left turn into the path of an oncoming vehicle, you are liable for the accident.  It is possible in this instance both drivers share fault for the accident.  You for making the left turn into the path of an oncoming vehicle and the other driver for speeding and using their turn signal when they did not intend to turn.  Your question did not state whether or not you were injured in the accident or if you simply had damage to your vehicle.  Either way, your best course of action would be to make an insurance claim with either your own automobile insurance carrier, or the other driver's insurance carrier, or both.  


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