Attorney Chris Kaigle with the Umansky Law Firm was successful in having a client found not guilty of careless driving and getting her traffic citation dismissed. The client was traveling west on State Road 50 when another vehicle made a U-Turn in front of her. A traffic crash occurred and after the police conducted an investigation, the client was given a citation for careless driving. The attorney cross-examined the investigating police officer as well as the other driver involved and presented evidence, based on the testimony of the witnesses and the damage done to each vehicle, that the client had tried to swerve out of the way to avoid the accident and that the accident was unavoidable due to the other driver’s U-Turn.
Careless driving could be considered just as bad as reckless driving in some instances because you don’t even have a consideration for your own well-being in addition to the well-being of others around you. No one should get behind the wheel if they are going to be engaging in activities that contribute to the complete disregard of following the rules of the road. Even so, in this situation, it is claimed that careless was implied for a driver that was aware of their surroundings but the decisions they made while driving constituted a designation of careless. This is when an attorney experienced with traffic violation laws comes in.
Attorney Chris Kaigle argued that the collision was an “unavoidable accident” and cited Florida case law in support of this position. Arguing that the law does not require drivers to be perfect but rather to drive in a careful and prudent manner with regard to the width, grade, curves, corners, traffic, and all other attendant circumstances, the attorney was able to convince the Judge that the client was not at fault for the accident and was not guilty of careless driving. The citation was dismissed and the client avoided having to pay a fine or court costs as well as any points on her driver’s license. Remember, merely proving that an accident occurred will not establish that someone was necessary negligent or careless.
Our attorneys have tried hundreds of cases in Florida courtrooms as former prosecutors and have accumulated over 100 years of collective experience defending Central Florida residents. This provides us with a unique perspective unfamiliar to most law firms. Contact our attorneys today for your free consultation.
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