- January 5, 2021
- Posted by: andreamcmillan
- Category: Car Accidents
No matter how serious or minor a car accident is, it is important that you call 911 and report what happened, so that law enforcement may respond to the scene. Then you should wait for law enforcement to arrive. Once the investigating officer arrives, he/she will begin investigating the crash scene, and documenting critical details that can indicate how the crash occurred. After investigating at the scene of the crash, the responding officer will either provide you with one of the following documents:
- A Long-Form Florida Traffic Crash Report;
- A Short-Form Florida Traffic Crash Report; or
- A Driver Exchange-of-Information Form, to be completed by all drivers and passengers involved in the crash.
What Is A Florida Traffic Crash Report?
A Florida Traffic Crash Report can be very useful in proving your personal injury or wrongful death case. The report contains the details of the law enforcement officer’s investigation of the crash—including contributing causes–that may reveal the other driver’s negligence. The report may also lead to evidence to help prove the cause of the crash, and establish who may be liable for the injuries you have suffered. Being able to directly connect the crash to your injuries is important, when seeking appropriate compensation.
If the investigating officer is later called to testify at a deposition or trial – which may be years after the accident – he or she will likely present the information contained in The Florida Traffic Crash Report. A Florida Traffic Crash Report is generally written within a few days of the crash, based on notes taken by the officer at the scene of the crash. As a result, Florida Traffic Crash Reports represent a fresh recollection of the important events, as opposed to the testimony of the parties and witnesses, which often comes weeks, months, or even years, later.
When Must The Investigating Officer Complete A Long-Form Florida Traffic Crash Report?
The investigating officer must complete a Long-Form Florida Traffic Crash Report, if the crash:
- Resulted in death of, personal injury to, or any indication of complaints of pain or discomfort by any of the parties or passengers involved in the crash;
- Involved a violation of Sections 316.061(1) (leaving the scene of crash with an attended vehicle or property) or 316.193 (driving under the influence), Florida Statutes;
- Rendered a vehicle inoperable to a degree that required a wrecker to remove it from the scene of the crash; or
- Involved a commercial motor vehicle.
An investigating officer is usually unable to complete a Long-Form Florida Crash Report at the scene of the crash, because doing so requires more time and effort than is available at the crash scene. If that is the case, the officer will issue everyone involved a Short-Form Florida Traffic Crash Report containing some crash information for use until the Long-Form is complete, and ready for retrieval.
When May The Investigating Officer Complete A Short-Form Crash Report, Instead of a Long-Form?
If Florida law does not require the investigating officer to prepare a Long-Form Florida Traffic Crash Report, then the officer may, instead:
- Complete a Short-Form Florida Traffic Crash Report; or
- Provide a Driver Exchange-of-Information form, to be completed by all drivers and passengers involved in the crash.
Insurance Companies Put A Lot of Stock in Florida Traffic Crash Reports
Insurance companies evaluating claims for payment for damaged vehicles and/or personal injuries routinely request and consider Florida Traffic Crash Reports. Insurance companies put a lot of stock in these police reports. When evaluating claims for property damage and/or personal injuries, insurance adjusters and defense attorneys will closely examine:
- The Florida Traffic Crash Report; and
- The investigating officer’s conclusions as to who was at fault for the crash.
Insurance companies view law enforcement officers as credible, impartial observers. Consequently, a copy of this report will be needed, if you want to make a claim to pursue compensation for damage to your vehicle, and any personal injuries caused by the at-fault driver.
How Do I Obtain The Florida Traffic Crash Report for My Crash?
Florida law requires the investigating law enforcement agency to submit a copy of every completed Florida Traffic Crash Report to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), within ten (10) days after the officer completes the crash investigation.
Section 324.242(2), Florida Statutes, only allows release of insurance information for a vehicle involved in a crash to:
- A person involved in the crash;
- That person’s attorney; or
- A representative of the insurer of anyone involved in the crash.
To find out how to obtain the Florida Traffic Crash Report, visit the Florida Department of Highway Safety and Motor Vehicles website by clicking the following link: https://www.flhsmv.gov/florida-highway-patrol/traffic-crash-reports/
What to Look for in Reading and Understanding Your Florida Traffic Crash Report
Florida Traffic Crash Reports will include, among other things:
Basic Accident Details
The Florida Traffic Crash Report will contain the following information about the crash:
- The approximate date;
- The approximate time; and
- The location
Statements from Each Driver
After reporting the accident, the responding officer will speak with you and the other driver(s), in order to gain a better understanding of:
- What happened (exactly how the crash occurred); and
- Who is responsible for the crash
Sometimes, the investigating officer will find that multiple parties to the accident were at fault (comparative negligence).
Contact Details for All Parties
The Florida Traffic Crash Report will also include:
- Personal and insurance information for all involved parties; and
- Contact details for anyone who may have seen the crash (witnesses).
Narrative About The Crash Events
The Florida Traffic Crash Report will also contain a narrative about:
- The events that led up to, and what may have caused, the crash; and
- The officer’s own conclusions about what occurred
Injuries and Damages
The Florida Traffic Crash Report will also contain:
- A description of injuries that you sustained;
- A description of injuries that the other driver(s) sustained; and
- Any damage to vehicles or other property at the scene.
Tickets or Citations
The investigating officer will make a notation if a traffic ticket or citation was issued. This can be important to help prove that the other driver was acting negligently.
Photos and Diagrams
The Florida Traffic Crash Report may also have pictures showing the severity of the accident, or a diagram of the scene showing the point of impact of the vehicles involved.
Weather or Road Conditions
The Florida Traffic Crash Report may also contain details about the weather or road conditions at the time of the crash. This information could help show that the other driver was not operating his or her vehicle safely, through poor or inclement conditions.
Ways a Florida Traffic Crash Report Could Impact Your Case
A Florida Traffic Crash Report could impact your potential case in two significant ways:
Having A Florida Traffic Crash Report May Assist With Settlement Negotiations
When evaluating claims for property damage and/or personal injuries, insurance adjusters and defense attorneys will closely examine:
- The police report; and
- The investigating officer’s conclusions as to who was at fault for the accident.
The Law Offices of Andrea McMillan can use the report to put together a comprehensive argument for you, demonstrating what happened, in order to help prove that the other driver was responsible. In doing so, you may be more likely obtain a favorable settlement offer or verdict.
The Information in a Florida Traffic Crash Report May Lead to Other Valuable Evidence
A Florida Traffic Crash Report can offer additional evidence, such as:
- Other witnesses to the crash; or
- Another potentially liable party or parties.
If an accident reconstruction expert is hired, the report could help the expert better reenact the events that led up to, and caused, the crash.
Can a Florida Traffic Crash Report Be Admitted Into Evidence in A Court of Law?
Courts generally consider Florida Traffic Crash Reports to be hearsay, meaning that they cannot be admitted into evidence, in most cases. A police report is often inadmissible since the responding officer did not personally witness the accident. The report merely contains the officer’s opinion of what he or she believes transpired. Any notations in these reports are from statements given by those involved in the crash, or witnesses, and are, therefore, considered hearsay, under the law.
However, even if the report itself cannot be admitted into evidence at a hearing or trial, anyone who witnessed the crash may be able to testify directly in court, about his or her observations of the crash, as evidence, if an eyewitness is able to speak about what he or she observed.
We’re Here to Help You! Call Us. We Care
If you need legal help, the Law Offices of Andrea McMillan is prepared to retrieve and assess your Florida Traffic Crash Report, to determine whether you have a viable case. You may be eligible to seek compensation to help cover medical bills, vehicle repairs, loss of income and expenses related to you Palm Beach County car accident.
Our initial consultations are complimentary with zero obligation to hire us. Should you decide to move forward, we charge nothing up front. We only receive payment if we recover compensation for you. Call (561) 612-5700 today for a free consultation. We’ll take good care of you.