Normally, if the police officer did not witness the accident, then the police report is hearsay and not admissible in generally, it won’t be admissible in Court. Also, in a personal injury case, the Court reviews the accident de novo, meaning that it will not use the determination of a police officer as to who is at fault.
This is of course in the defense of a civil lawsuit. Traffic tickets and traffic court is a completely different matter.
So, in the defense of the civil case, do not be too concerned about you getting the ticket. Be upfront with your attorney and explain everything. Also, if you were injured in the accident and you believe the other driver was at fault, regardless of what the police officer says, you may have a claim as well. The law in Florida proportions damages by the percentage of fault of each party. So if you are both equally at fault for the accident then you are each entitled to recover half of your damages from one another.
In any event, report the accident to your insurance company and seek the advice of an experienced attorney to properly advise you in these matters.
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.