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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37683
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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07/25/13 Orlando, FL I was in an accident with 2 coworkers

Customer Question

Hello 07/25/13 Orlando, FL I was in an accident with 2 coworkers in my vehicle. A cop shoot a across 3 lanes into the left turning lane while their car was still sticking into the middle lane which I was in. I was not able to come to a complete stop. I did have the right away. I was sent on my way with no citation and a drivers exchange. I later found that I was placed as driver 1 as the cops claimed they could not take the drivers statements verify what happened as we know each other on a first name basis. Now 1 of the drivers is suing my mother(registered to the vehicle) me and the cop who caused it for 15,000 I have to file a motion to dismiss and would like to know how I can do this and what chances do I have to get this dismissed?
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

I'm not sure what you mean by "how you can do this" since all you do is draft the motion and file it with the clerk and then send a copy to all of the parties. However, your chances of winning a Motion to Dismiss based on your facts are going to be close to 0%. That's because a Motion to Dismiss is really based on a failure for a court to have jurisdiction over a case for one reason or another. It is rarely, if ever, based on the facts of the case and you not being liable. It will usually be granted on an issue like the statute of limitations having expired, you being sued in the wrong court, etc.

Also, did your mother have liability insurance?

Customer: replied 8 months ago.
she did pur inusurance paid all medical bills but the platiff insist on seeking more $
Customer: replied 8 months ago.
Seems as if u could not assist me with any caluble information
Expert:  Dwayne B. replied 8 months ago.

All I can do is answer the questions you ask. I'll opt out of this one since I think you misunderstand what is going to happen.

Customer: replied 8 months ago.
Expert:  LawTalk replied 8 months ago.

Good afternoon,

New professional here. I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades, and the entire time I have handled accident/injury law.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs.

What you are asking for is all but impossible to respond to adequately in this written format, and in my experience is only practical to approach in a phone conversation.

If you are interested, for a nominal charge of just $5 more I can offer you a phone conference as opposed to continuing in this question and answer thread. If you are not interested just let me know and if I can't help you I will consider opting out and another professional could then assist you.


Customer: replied 7 months ago.