Switch to ADA Accessible Theme Close Menu
Florida Personal Injury Lawyers
$3,830,000

Catastrophic motorcycle accident resulted in a jury verdict.

$1,748,000

Auto accident, multi-car crash

$1,200,000

Auto accident

$1,035,000

Auto accident involving defective airbag

$850,000

Auto accident

$700,000

Auto accident

$700,000

Auto accident

$600,000

Hospital turned away patient

$550,000

Auto accident involving tractor trailer

$450,000

Auto accident

$400,000

Car accident

$350,000

Golf Cart Accident

$300,000

Slip and Fall at Work

$210,000

Slip and Fall

$195,000

Auto Accident

$175,000

Accident involving pressure cooker

$106,890

Auto Accident

$100,000

Auto Accident

$100,000

Auto Accident

Call: 844-200-0000
Free Initial Consultation
Do you opt in to being contacted via SMS texting or phone call?
 
protected by reCAPTCHA Privacy - Terms

Understanding the Accident Report Privilege

CarCrash

In 2009, a 17-year-old girl and her attorney allegedly told a Tampa police detective that she was driving the car that struck and killed a homeless woman in a hit-and-run accident. The detective issued her a ticket for careless driving, which was later dismissed in court. The detective said he had trouble building a viable case against the teen because of a Florida law guarding against self-incrimination. However, the girl later turned herself in, and she pleaded guilty to an adult charge of leaving the scene and death. She was sentenced to probation in the juvenile system.

Florida law requires law enforcement officials to prepare accident reports when investigating motor vehicle crashes. There is specific information that they must include, such as a description of the vehicle involved, information identifying the parties involved, and the parties’ respective car insurance information. Because this requirement may force people to make incriminating statements about the conduct that contributed to the crash, the law keeps this information from being used at any trial (civil or criminal). This protection is called the accident report privilege.

In 2017, a 71-year-old man sustained serious injuries when his SUV was struck in a hit-and-run accident in New Smyrna Beach. Luckily he was pulled out of his vehicle before it went up in flames. After fleeing the scene, a 29-year-old woman confessed that she caused the accident, but her statement cannot be used against her and police need witnesses to corroborate what happened.

Waiving the Privilege and Exemptions

While state law makes accident report information privileged material, it doesn’t preclude subject parties from introducing that information in court themselves. Legal practitioners call this “opening the door.” If someone introduces otherwise inadmissible information then that “opens the door” to additional questions. For example, if a defendant involved in a hit-and-run accident admits in court that she told police about his involvement, then she likely can be questioned about that statement. When a defendant “opens the door,” she waives the accident report privilege.

There are also certain exceptions to the accident report privilege. For example, the privilege does not protect statements made in criminal or homicide investigation reports. It also does not protect the results of field sobriety tests, breath tests and blood tests, which are not considered confidential communications. Additionally, there is an exception when the identity of the automobile driver is at issue. But as demonstrated by the examples above, this is still a complicated issue.

An experienced attorney can help you build an effective case against the at-fault driver, even if she employs the accident report privilege.

Reach Out to Us Today for Help

Contact a Miami personal injury attorney at The Pendas Law Firm today for a free consultation if you have been injured in a car accident. Our experienced attorneys know how to prepare an effective lawsuit, even with the protections afforded by the accident report privilege.

The Pendas Law Firm also represents clients in the Tampa, Orlando, Fort Lauderdale, West Palm Beach, Jacksonville, Fort Myers, Daytona Beach and Bradenton areas.

Resources:

news-journalonline.com/news/20170519/troopers-seek-witness-to-fiery-hit-run-in-new-smyrna-beach

tampabay.com/news/courts/davis-islands-teen-sentenced-to-probation-community-service/1054041

tampabay.com/incoming/a-dead-woman-a-damaged-car-dropped-charge/1002474

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod