The Other Driver Got the Ticket—So Why Am I Being Sued?
It’s one of the most frustrating parts of being involved in a Florida car accident: the other driver clearly caused the crash, was cited by the police, maybe even admitted fault at the scene—yet you’re the one getting sued. If you’re in this situation, you’re not alone.
Many people assume that if the other driver was ticketed, they’re automatically to blame and can’t bring a lawsuit. Unfortunately, that’s not how Florida law works. In many cases, you can still be sued—even if the police report seems to support your side of the story.
At Florida Civil Counsel, P.A., we help drivers across the state who are being sued for personal injury despite the other party receiving a citation. Here’s what you need to know if you’re facing a lawsuit after a crash you didn’t cause.
Why a Traffic Citation Doesn’t End the Case
When the police respond to an accident in Florida, they usually issue a crash report and may cite one or more drivers for a traffic violation. These citations can feel like proof of fault—but in civil court, they don’t carry as much legal weight as you might think.
Police Reports Are Protected by Privilege
Florida law protects traffic crash reports under what’s called the “accident report privilege.” Under Florida Statute § 316.066(4), statements made to law enforcement during the crash investigation can’t be used as evidence in civil or criminal court. That includes:
- The opinions of the responding officer
- Admissions of fault made by drivers at the scene
- Notations about who was cited or ticketed
This privilege exists to encourage full cooperation during crash investigations. But it also means the fact that the other driver received a ticket cannot automatically be used as a defense in your civil lawsuit.
We break down the impact of Florida’s reporting laws in more detail in our post on Florida car accident defense strategies.
Can You Still Be Sued If the Other Driver Was Cited?
Yes. In Florida, civil liability and traffic citations are two separate issues. A personal injury lawsuit is based on whether your actions contributed to the accident in any way—not whether you received a citation.
Florida’s Comparative Negligence Rule
Florida follows a modified comparative negligence standard. This means that more than one person can share responsibility for an accident—and a plaintiff can still recover damages as long as they were 50% or less at fault. Even if the other driver was cited, they may try to argue:
- You were speeding
- You failed to yield
- You didn’t brake fast enough
- You contributed to the accident in some way
Their goal is to show you were even partially responsible, which could reduce your chances of dismissal and force you to settle or fight the case in court.
Why Am I Being Sued if It Was Clearly Their Fault?
Unfortunately, personal injury claims are sometimes driven by insurance coverage, not fairness. If your policy offers more coverage than the other driver’s, or if their injuries are significant, their attorney may name you in the lawsuit simply to maximize recovery.
This is common in cases where:
- There’s limited bodily injury coverage on the at-fault driver’s policy
- The other party is uninsured or underinsured
- Multiple drivers or vehicles were involved
- You’re the titled owner of the vehicle, even if someone else was driving
We often see these issues come up when vehicle owners are sued even though they weren’t driving, such as when a parent owns the car their child was driving during the crash.
What Should You Do If You’re Sued?
Being sued after an accident—even when you’re not at fault—can be stressful, confusing, and expensive. But there are steps you can take to protect yourself.
- Do not rely on the citation as your only defense. Courts may not consider it admissible.
- Gather independent evidence. Photos, dashcam footage, witness statements, and vehicle data can help.
- Consult a personal injury defense attorney. Don’t wait until court is approaching. Early legal help is key.
- Preserve communications. Keep any letters, insurance records, or emails from the other driver or their attorney.
At Florida Civil Counsel, P.A., we handle pre-suit injury defense and full litigation across the state, including in cities like Tampa, Miami, and Jacksonville.
How We Help Florida Drivers Fight Unfair Lawsuits
Our team understands how frustrating it is to be blamed for a crash you didn’t cause. We’ve helped countless clients across Florida navigate these lawsuits—especially when the facts don’t match the legal claims being made.
Whether you’re the driver, passenger, or vehicle owner, we’ll examine the police report, gather admissible evidence, and defend you against exaggerated or baseless claims. We also represent clients in more complex liability cases involving subrogation claims, wrongful death lawsuits, and insurance disputes.
Our firm is based in Orlando, but we serve clients throughout Florida.
Contact Florida Civil Counsel Today
If the other driver was cited but is still suing you, you need a defense strategy based on Florida law—not assumptions. Don’t let a citation give you false confidence. The sooner you speak with an attorney, the more options you have.
Contact us now to schedule a consultation with a Florida personal injury defense lawyer. We’re here to help you fight back—and protect your rights.
