QuestionHi. I live in Miami, Florida and have a problem. I'm in the process of filing a lawsuit against a guy whom I feel is at fault. Here's the story:
I drive down a street at midnight, on my right, off the road (on the gravel), is a van with the emergency blinkers on. on the left, on the turning lane, there's another car with the blinkers on. Nothing in my lane indicating I needed to stop or that there was something in the road. As i pass them, I hear a bam! I stop a couple hundred feet after, and my front bumper was damaged enough to require replacement (cut in two parts and turning light broken). It turns out this man had a thick rope (at least 2" thick) going across the road from his van to the car to tow it himself.
The police says since our cars never touched it's not an accident. So i'm left only with suing for damages (at least $800 to replace my bumper + painting and installation).
Was the guy towing the car at midnight with a rope with no visible warning sign in this situation legal?! It seems to be it can't be, but i need hard proof for court. Can you tell me if it is or not, and if possible, point me in the direction of the statute(s) concerned? Thanks!
Answerhttp://stateofflorida.com/Portal/DesktopDefault.aspx?tabid=215
thats about all I can find for laws. It says it needs a white flag on it..
Not really any information about the practice. I know I see it lots of time happening. Is it legal, not sure, is it safe.. Not hardly.
I would see if you can get any more information about the persons insurance, but who knows how well they will help you. It might be wise to check into the small claims court for resolving the issue. But I think you will not have much luck with the whole thing. Did they do anything wrong, well from your description they did.
hope this helped.
