According to Florida law, to determine which party is responsible for a car accident, several issues must be reviewed, including accident reports, officer testimony, witness testimony, diagrams and reconstruction renderings, and physical evidence:
1. Accident Reports: Florida law requires that a Florida Traffic Crash Report, Long Form be completed by a law enforcement officer for crashes involving death, personal injury, vehicle inoperability, or commercial vehicles. This report includes critical details such as the date, time, location, vehicle descriptions, names and addresses of involved parties and witnesses, and insurance information (See Florida Statute 316.066). This report can be critical in determining fault as it provides a comprehensive account of the incident.
2. Officer Testimony: While law enforcement officers can testify about their observations at the accident scene, such as vehicle positions, skid marks, and damage, they cannot testify about their conclusions regarding fault or which party caused the accident (See our note below). This is to prevent undue influence on the jury, as the officer’s opinion might be seen as authoritative.
3. Physical Evidence: Tangible evidence observed by investigating officers, such as the location of the accident, vehicle positions, and skid marks, is not confidential and can be admitted into evidence. This type of evidence can be crucial in reconstructing the accident and determining fault. Example, a blood test is considered tangible evidence:
A blood test is not a communication from “a person involved in an accident.” The tangible evidence of the accident, i.e., location of accident, vehicles’ locations, skidmarks, damage to vehicles, all observed by the investigating officer, are not confidential and may be admitted into evidence by the investigating police officer. All this information ordinarily appears on the accident report prepared by the investigating police officer and it is clearly admissible at trial. Further, other tangible evidence obtained or observed by the investigating officer is not derived from an “accident report made by persons involved in an accident.” Neither is a blood test.
See: Brackin v. Boles, 452 So.2d 540
4. Witness Testimony: Testimony from witnesses who observed the accident are generally the most helpful in determining who is responsible for your car accident. Witnesses are not covered by the accident report privilege (see our note below) and can provide unbiased accounts of the events leading to the accident.
5. Diagrams and Reconstructions: Diagrams and reconstructions of the accident scene, if properly authenticated and accurate, can be used to illustrate the events leading to the accident. However, they must not differ from actual recorded evidence:
…there was no need for using the accident scene diagram as a demonstrative aid. Its utility was questionable especially when so little was known about the diagram’s accuracy in any respect. Whatever may have been improper about using it as a demonstrative aid need not be analyzed at length as Jenkins next offered the accident scene diagram into evidence. Over Appellants’ repeated objections of inaccuracy and privilege, it was received in evidence and included in the exhibits sent back with the jury during deliberations. Under the circumstances here, given that it was not properly authenticated, not to scale, generally unexplained, and differed in its depiction from what is clearly seen in the dash cam video, the trial court erred in overruling Appellants’ objections to admitting it into evidence.
See: Song v. Jenkins, 374 So.3d 846
Note: Statements made by drivers, owners, or occupants of vehicles involved in an accident are privileged and cannot be used as evidence in civil or criminal trials. This privilege is intended to encourage honest and complete reporting without fear of self-incrimination. However, this privilege does not extend to statements made by uninvolved witnesses.
Related:
What Is a Driver’s Duty of Care When Making a Left Turn?
Rear-End Collisions In Florida
Who Pays For My Damages In A Florida Car Accident?
Will your injury claim be denied if you delay medical care?
Adding Value To Your Car Accident Claim
A good piece of advice if you were involved in a car accident, is to speak with an expert personal injury trial lawyer who has spent years evaluating car accident facts, applying the law, and effectively asking juries to render a favorable verdict for his clients. Most car accident lawyers who meet these criteria, like Alan Sackrin, will offer a free initial consultation to answer your questions and explain the law.
To learn about Alan Sackrin’s qualifications see his about me page.
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
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