To every client.

The short answer is, it depends. Florida law considers communications between police officers and parties involved in motor vehicle accidents to be privileged. The reasoning behind this privilege is to promote truthfulness in reporting the facts to the police. The Hallandale Beach car accident lawyers at Newman Injury Law explain whether or not traffic accident reports can be used as evidence in court in Florida and how this may affect your case.

Florida Laws Regarding Admissibility of Traffic Crash Reports

According to Florida Statute §316.066(4), accident reports are not admissible as evidence in any trial, civil or criminal nor are any statements made by the participants in the accident to the police officer investigating the accident. Florida Statute §316.066(4), states: each accident report made a by person involved in an accident and any statement made by such person to a law enforcement officer for the purpose of completing an accident report required by this section shall be without prejudice to the individual so reporting. No such report or statement shall be used as evidence in any trial, civil or criminal. The result of breath, urine, and blood tests administered as provided in §316.1932 or §316.1933 are not confidential and shall be admissible into evidence in accordance with the provisions of §316.1934.

What is the Accident Report Privilege in Florida?

The accident report privilege includes all statements made to and by police officers with regards to the investigation of the accident. The purpose of the accident report privilege is to promote truthfulness in reporting accidents to the police. This helps in the determination of who is truly at fault for the accident. It also assists the State of Florida in making highway safety a priority for all. The intent of the privilege is to benefit the person making the statement and the person involved in the accident. The goal is to encourage the person making the statement and the person involved in the accident to speak truthfully without any prejudice to them in any subsequent civil trial.

The accident report privilege covers any communication made to the police officer by anyone involved in a motor vehicle accident. This includes the driver, the owner of the vehicle, and the occupants of the vehicle at the time of the accident. The accident report and statements made to the investigating officer may not be used for impeachment at trial. Even if someone overhears an individual who was involved in the automobile accident making a report to the police officer, said individual may not testify as to what the involved party said to the investigating officer. Allowing the testimony of an eavesdropper or a witness to the privileged statement at trial would defeat the main purpose of the accident report privilege. But, are there exclusions to the privilege? Keep reading as our Miami car accident lawyer explains.

What is Excluded by the Florida Accident Report Privilege?

The accident report privilege does not protect communications given by eyewitnesses to the accident that who were not involved in the accident nor does it protect findings and statements made in criminal or homicide investigation reports.

Additionally, the results of field sobriety tests, blood tests nor breathalyzer tests are not considered to be confidential communications and are admissible as evidence in civil and criminal cases. Further, Police officer’s tangible evidence findings at the accident scene are not protected by the privilege. Such finings may be introduced as evidence. This means physical findings such as skid marks are not privileged pursuant to Fla. Stat. §316.066(4).

Be aware that the privilege does not apply in criminal trials absent a Fifth Amendment violation. Another important exception to the accident report privilege exists when the identity of a driver involved in the automobile accident is at issue. Therefore, if someone states that they were not at the scene of the accident or not the driver of a vehicle involved in an accident, testimony may be introduced to prove the identity of the driver, according to our Ft. Lauderdale injury lawyers.

Contact Our South Florida Car Accident Lawyers Today for a Free Consultation About Your Case

When litigating automobile accident case in Florida, the accident report is a useful guide and will provide you with an outline of how the accident may have happened, the names of the parties involved, and potentially the names of any witnesses. However, unless the accident report satisfies one of the exceptions mentioned, it will not be admissible into evidence.

So if you cannot use the Florida Traffic Crash Report as evidence, how do you prove how an accident happened? This is done by obtaining witnesses statements, taking photographs, interviewing the client, and deposing the at fault driver. If you have been injured or involved in a car accident, contact our Hollywood, FL car accident lawyers today at 954-495-8500 to schedule a free and confidential consultation.

Common Causes Of Personal Injury Accidents

Personal injury accidents can happen in ordinary places and are often caused by avoidable actions or unsafe conditions. These incidents can disrupt work, health, and financial stability in a matter of seconds. Identifying how and why injuries happen is an important step in determining responsibility and evaluating potential legal options. The causes outlined below reflect patterns frequently seen in injury claims across Florida, and they highlight how ordinary situations can quickly turn serious. Anyone seeking guidance after an injury often benefits from speaking with our Florida personal injury lawyer.

Motor Vehicle Collisions

Injury legal counsel shares that car, truck, motorcycle, and pedestrian accidents remain one of the most common sources of personal injury claims. These crashes often stem from distracted driving, speeding, failure to yield, or impaired operation. Even low-speed collisions can cause lasting injuries, including neck strain, back injuries, and fractures. Liability may involve drivers, employers, or other parties depending on the circumstances and vehicles involved.

Slip And Fall Accidents

Slip and fall incidents frequently occur in grocery stores, apartment complexes, parking lots, and commercial properties. Wet floors, uneven surfaces, poor lighting, and unmarked hazards are common contributing factors. Property owners and managers are generally expected to maintain safe conditions for visitors. When hazards are ignored or left unaddressed, injury claims may arise. In many cases, our Florida personal injury lawyer reviews maintenance records, inspection logs, and incident reports to assess responsibility.

Workplace Accidents

Workplace injuries may occur in construction sites, warehouses, offices, and healthcare settings. Common causes include equipment malfunctions, inadequate training, unsafe workspaces, and falls from heights. While workers’ compensation may apply, some cases also involve third-party liability, such as defective machinery or unsafe property conditions. These situations often require careful review of employment status and safety practices, sometimes with guidance from our personal injury attorney.

Defective Products

Consumer products, medical devices, and industrial equipment can cause injuries when they are poorly designed, improperly manufactured, or sold without adequate warnings. Defective products may lead to burns, lacerations, or long-term health issues. Responsibility may extend to manufacturers, distributors, or retailers depending on how the defect occurred and where it entered the supply chain.

Dog Bites And Animal Attacks

Dog bites are a frequent cause of injury, especially involving children and delivery workers. Florida law holds dog owners accountable in many situations, regardless of prior behavior. Injuries can range from puncture wounds to infections and permanent scarring. Claims often involve medical documentation, animal control records, and witness statements.

Medical Errors

Medical mistakes can occur during diagnosis, treatment, surgery, or follow-up care. Errors may involve medication issues, delayed diagnoses, or procedural mistakes. These cases typically rely on medical records and professional standards to determine whether care fell below acceptable levels. The impact on patients can be severe, affecting both health and long-term quality of life with is why it’s imperative to consult with our injury law firm.

Negligent Security Incidents

Injuries resulting from assaults or criminal activity may be linked to inadequate security measures. Poor lighting, broken locks, lack of surveillance, or absent security personnel can contribute to these incidents. Property owners may face liability when known risks are not addressed in a reasonable manner.

When Injury Causes Demand Clear Accountability

Personal injury cases often rely on timely action, thorough records, and clarity about how the injury happened. Access to medical care, timely reporting, and preservation of evidence play a key role in protecting a claim. Those injured due to unsafe conditions or careless actions may wish to discuss their situation with our Florida personal injury lawyer to better understand available options. For individuals seeking guidance, support, and a direct approach to injury claims, contacting Newman Injury Law, PLLC can be an important first step toward pursuing accountability and recovery.