Tampa Injury Lawyer Blog

The Law Behind the Florida Accident Report Privilege and a Few Exceptions

Mon, 07 May 2012 13:46:40 -0500

As Florida drivers, we know that parties in an accident must stop and make a crash report right away. This report will be made to a police officer and will include, but is not limited to:

The names and addresses of the parties involved including all passengers and driver
The names and addresses of witnesses

The names of the insurance companies of the parties involved in the crash

The name and badge number of the investigating officer

A description of the vehicles involved.

Additionally, during the investigation and creation of the accident report, the police officer will ask the parties questions about what happened during the accident. What most people don't know, and which is of particular importance to victims in an auto accident that later seek compensation through a personal injury law suit, is that the information in the accident report is not admissible at trial. Florida law specifically provides that a crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing the report may not be used as evidence in any trial, civil or criminal. This means that any of the above confidential information and any statements made to a police officer during the course of the officer's investigation and creation of the accident report will not be admitted in trial as evidence. This is commonly referred to as the Florida Accident Report Privilege.

There are a few exceptions to the Florida Accident Report Privilege. Hammond v. Jim Hinton Oil Company held that a police officer's tangible evidence findings at the accident scene do not fall within the privilege and may be introduced as evidence at trial. Tangible evidence findings include distances between the cars, skid marks and resting places of people and cars.

Another exception to the accident report privilege exists when the identity of a driver involved in the automobile accident is at issue. O'Brien v. Ortiz held that if a defendant driver takes the stand at trial and says he or she was not involved in accident, then his or her information provided in the accident report is not privileged. The accident report and police officer's testimony can be used at trial to prove the identity of the driver. Note however that this is only the case when the defendant claims that he or she was not involved in the accident.

Eicholz v. Pepo Petroleum Company held that if field sobriety tests and blood tests are performed because the officer believes that one of the parties was under the influence of drugs or alcohol, this information does not fall under the privilege, regardless of whether these tests were made for the purpose of creating an accident report. Thus, this information may be used in court.

You're probably wondering what the point of creating an accident report is if it cannot be used in court. Well for one thing, since it is required by law, creating an accident report will help avoid a pesky traffic infraction. Furthermore, accident reports are still useful in your personal injury care. You can use the facts to help get a sense of how the accident happened. This may be extremely useful in accidents that happened very quickly and at high speeds where it is hard to determine what exactly happened. Additionally, the accident reports serve as a useful tool to refresh your memory of the facts and circumstances surrounding the evidence at any stage of your personal injury case, such as when answering interrogatories or preparing for a deposition.

If you think one of the exceptions apply to your case, discuss the possibility of introducing the crash report at trial with your experienced personal injury attorney. He or she will take the necessary steps to have the report ready for submission in court if one of the exceptions applies.

For More Information, please visit:

Florida Accident Report Statute

Compulsory Medical Exams: What is it and How to Prepare

Tue, 01 May 2012 14:22:42 -0500

At some point during your personal injury case, you will likely be required to go attend a compulsory medical exam. A compulsory medical exam is an adversarial proceeding scheduled by the defense. The exam is performed to limit how much coverage you receive from your insurance company. The exam is performed by a doctor hired by the insurance company and consists of two parts: an oral component and a physical component. During the oral component of the exam, the doctor will ask you questions for about 15-30 minutes. During the physical component, the doctor will examine you for about 5-10 minutes. The examiner will not only record your physical symptoms and questions answered but also his or her observations of your conduct during the exam.

Why do you even need to go to a compulsory physical exam in the first place? In every auto insurance policy there are two separate clauses. One clause requires that the policy holder comply with the insurance company's requests. The other clause requires that the policy holder attend a physical examination by an insurance company doctor as often as the insurance company reasonably desires. Together, these two clauses contractually require you to attend an examination, which can be used by the insurance company to deny coverage for your medical bills.

This does not necessarily mean that the physician performing the examination does not care or is untruthful, but it's important to be aware that they are not neutral physicians. They are hired by the insurance company and look out for the insurance company's best interests, not yours. They have probably been asked to look out for information that can help the insurance company such as complaints which do not follow the injury. The oral component of the exam has been specifically designed to extract this information.

So when does the examination start? Many times right as you leave your home. Insurance companies hire investigators to watch and film policy holders as they are leaving their homes, going between their car and office, and again on the way home. This information may be presented to the examiner. Additionally, the examiner will watch the patient enter the building, check in, undress and perform activities.

To prepare for the examination, take plenty of time to review your medical history and the many ways the accident has changed your life. Do you suffer pain or restriction of movement? Are there any tasks that are difficult or impossible to perform? Make a mental checklist and be prepared to answer questions regarding these matters and provide this information. If you have a long or complicated medical history, consider reviewing it with your personal injury attorney. He or she will help you prepare to report your medical history accurately. Be sure to show up to the examination on time.

The examination generates information that will be used at you trial. Thus, it is important to stay alert and remain polite. Avoid rushing to answer questions and do not become nervous or upset because, this will reflect adversely on the examiner's opinion of you and your injuries and this information may be used against you at your trial. Answer the questions truthfully and in a straightforward manner. Avoid unnecessary elaboration. The examiner should only ask you about your injuries. The doctor should not ask what caused the accident or irrelevant past health or personal habits, so refrain from answering any questions relating to this information. Following your compulsory medical exam, schedule an appointment with your doctor that is taking care of your injuries as a result of the accident, as soon as possible, if not on the same day to generate a report that properly reflects your condition.

New Florida PIP Legislation and What it Means for Auto-Accident Victims

Mon, 30 Apr 2012 14:14:25 -0500

As Florida drivers, we are all familiar with Florida law requiring Personal Injury Protection, or PIP insurance, which provides up to $10,000.00 in medical coverage following an accident. On Friday March 9, 2012, the Florida Legislature made big changes that will take effect January 1, 2013. The new changes make it imperative that accident victims seek medical diagnosis and treatment immediately following the accident.

According to the new provisions, to access any of the available PIP coverage, the victim must seek initial services from a physician, dentist, chiropractic physician, or services wholly owned by a hospital or services that provide emergency transportation and treatment within fourteen days of the accident. This initial treatment and any subsequent referrals these healthcare provides make will allow the victim to access $2,500.00 in PIP coverage.

To access the full $10,000.00, the victim must be declared to be in an "emergency medical condition". The declaration must come from a physician, dentist, physician's assistant, advanced registered nurse practitioner. If the victim is declared not to suffer from emergency medical condition, coverage is capped at $2,500.00. An important limitation of which accident victims must be aware is that a chiropractor cannot make the diagnosis that a victim suffers from an emergency medical condition.

So what exactly is an emergency medical condition? The legislation defines it as "acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any the following:

Serious jeopardy to patient health
Serious impairment to bodily functions
Serious dysfunction of any bodily organ part".

This poses new concerns for victims of accidents. Soft tissue damage, which is common in auto accidents, will not be considered an emergency medical condition. Treatment for soft tissue damage can easily run in excess of $2,500.00. Furthermore, many injuries sustained by accident victims will not appear within fourteen days. PIP benefits will extend at all to massage therapy or acupuncture regardless of whether or not an emergency medical condition is involved or who made the diagnosis or referral. Finally, policy holders need to be aware that PIP insurance premiums will not go down as a result of the new legislation and possible coverage caps for victims declared not to be in an emergency medical condition.

The new legislation presents new obstacles to obtaining medical coverage for auto-accident victims. This means that accident victims must remain acutely aware of any changes in their body following an accident and promptly seek medical attention and diagnosis within fourteen days, to avoid the risk of not obtaining any medical coverage from PIP.

To view the Bill, please visit

The Florida Senate page on the bill

The Battle Against Your Auto Insurance Company: Tips to Ensure You Receive the Coverage You Deserve Following an Accident

Mon, 23 Apr 2012 12:42:46 -0500

According to the National Highway Traffic Safety Administration, an automobile accident occurs in the U.S. every ten seconds and a person dies in such an accident every thirteen minutes. If you are a victim of an auto accident, you will, if you have not already, face a wide range of concerns. These concerns may include those of bodily injuries of yourself or others in your vehicle, damage to the vehicle itself and the cost of repairs, the cost of medical treatment and lost wages. The list could go on and on. As a victim of an auto or other vehicle accident you have a lot on your plate. However there is another concern that may bring on a lot more to your plate. Your auto insurance company.

Auto insurance companies usually show reluctance to provide the policy limits or the proper amount coverage that you, the victim, may need. This is especially true if you have had subsequent vehicle repair and medical bills stemming from the accident. Insurance companies usually begin negotiations with the policy holder that was a victim in an auto accident with a low offer, often lower than what the victim may need and. The following are a few tips accident you should take immediately following an accident to help protect yourself in a potential battle for coverage against your insurance company:

Keep all of your documentation from the accident in a safe place and make copies. These documents should include the police report, pictures and a copy of the other driver's auto insurance policy as well as your own and pictures of the accident and damage to the vehicles involved. This will be needed to back up your claim to the auto insurance company. Additionally, if repairs on the vehicle are required, make sure to keep all your receipts of these expenses. Even with adequate documentation of the accident and receipts of costs and expenses arising out of the accident, insurance companies may still pose a tough battle.

Insurance companies have professional claims adjusters, professional claim investigators and professional defense attorneys. Following an accident, your insurance company may make it difficult for you to receive the coverage you deserve and prevent you from knowing your rights. Seeking medical attention immediately following an accident is imperative. Your health and safety are more important than anything else.

Following an accident, it is also a good idea to seek consultation from a personal injury attorney who faces insurance companies every day. He or she will help you navigate through the complex issues accidents create, including those created by your insurance company. They can also inform you of and fight for your rights. Personal injury attorneys work on a contingency-fee basis. This means that the attorney will only receive payment from you as a client if you recover any expenses. You don't have to face your insurance company alone. Experienced personal injury attorneys know the ins and outs of insurance companies and the ins and outs of your rights following an accident.

For More Information:

National Highway Traffic Safety Administration

Florida Distracted Driving Laws of 2012: The Year of Dead Legislation

Mon, 16 Apr 2012 10:38:44 -0500

The issue of distracted driving is at the forefront of state legislatures across the nation. Even the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) are raising awareness about distracted driving. The U.S. government defines distracted driving as any activity that could divert a person's attention away from the primary task of driving. These include texting, using a cell phone or smart phone, eating and drinking, talking to passengers, reading maps or using a navigation system, adjusting a radio, CD player, or MP3 player. Not surprisingly however, one type of distracted driving has the nation's attention. The use of cell phones.

In the increasingly interconnected world Americans live in today, it is not hard to imagine that cell phone use poses a huge distraction for drivers. Drivers just can't seem to wait to get home to respond to that important e-mail, make a status update their favorite social networking site or sending a simple text message. Thousands of drivers feel the need to conduct these activities while driving. According to the NHTSA, 20% of all injury crashes and 16% of fatal crashes in 2009, involved reports of distracted driving. Texting poses the largest of the distractions. Text messaging while driving increases the risk of crashing 23 times than while not driving distracted.

Teens face the greatest danger from distracted driving. NHTSA found that teen drivers are more likely than other age groups to be involved in a fatal crash where distraction is reported. Recognizing the danger that distracted driving creates for everybody on the roads, states all across the nation have passed legislation limiting or restricting the use of cell phones or certain cell phone functions. For example, thirty-eight states currently have laws that prohibit texting while driving.

However, this is not the case in Florida. In fact, in 2012 the Florida Legislature has been busy turning down proposed distracted driving laws. On March 9, 2012 the Florida legislature turned down a bill that would prohibit texting and using e-mail and instant messaging functions on a cell phone while driving. Even in regards to minors, the group with the highest risk or experiencing an auto accident due to distracted driving, the Florida Legislature refused to pass any new legislation, even purely educational ones. For example, a bill that would have required schools to include course content on distracted driving risks died in the budget subcommittee of transportation. Additionally, the Florida Legislature never considered a bill that would have banned use of handheld cellular telephones and related electronic communications devices by drivers 18 years old and younger or legislation that would have prohibited school bus drivers from texting and talking while driving.

Florida has preemption laws which prevent localities from passing their own distracted driver regulations. This means counties in the Tampa Bay Area, for example, cannot pass their own laws regulations or limitations on the use of cell phones while driving. If new laws are going to take effect in Florida, it has to come from the Florida legislature.

With Florida's reluctance to pass anti cell-phone use legislation what should Florida drivers do? For your own safety and the safety of others, refrain from checking e-mail or updating social networking sites while driving. If you must use a cell phone while driving, consider pulling over. Spread this information to your teens.--they have enough distractions with high school, dating and making sure they make it home by curfew to be using cell phones while driving.

You can only control your own behavior. That means that there are still thousands of other drivers on the road may still use their cell phones. Our experienced Florida auto-accident attorneys advise the following:

Please drive carefully. If you see a driver at a stoplight in the lane next to you on his or her cellphone avoid driving too close to this car. Just because he or she was using the phone while at a stop light does not mean that he or she will stop using it once the vehicle begins moving again. Be extra wary of drivers whether stopped or moving that appear to be texting. There is no telling which way the driver may swerve when he or she decides to focus on a text message rather than the road. Accidents caused by distracted driving, like any accident, can have disastrous results. The key is to remain safe.

For more information visit:

Distraction.gov: Official U.S. Government Website for Distracted Driving

National Highway Traffic Safety Administration

Florida Cell Phone Legislation

Navigating the Diverse Arena of Auto-Accident Verdicts and Settlements

Mon, 09 Apr 2012 14:36:10 -0500

Jury verdicts and settlements for auto accidents are as diverse as the circumstances surrounding the accident. Factors taken into consideration include the plaintiff's sex, age, occupation, the amount of property damage and the extent of physical and other injuries sustained. Damages suffered can include medical bills both past and future, lost wages, pain and suffering just to name a few. It is hard to know exactly what to expect when the amount awarded varies so greatly. The following jury verdicts demonstrate the diversity of jury verdicts and settlements awarded in the Tampa Bay Area and surrounding areas of West Florida in 2011 and 2012.

In 2011 a fifty-six year old female from Hillsborough was awarded $261,000.00 when she was injured in a rear-auto accident involving four cars and two separate collisions. She underwent spinal injury and experienced pain and suffering. Her damages covered past medical bills, and past and future pain and suffering.

A female theater employee of an unknown age received a verdict of $54,089.31 in 2011 when, as a passenger in a taxi, she was struck by the defendant driver in Sarasota County. She experienced undefined personal injuries, pain and suffering and lost wages. Her verdict covered past medical expenses, lost wages and pain and suffering.

In 2012, a forty-one year old female employed as an office manager in Pinellas County received a 1.5 million dollar settlement. The plaintiff was driving on a six-lane divided highway when the defendant pulled out from a stop sign in front of her. Due to the accident, the plaintiff underwent five surgeries and experienced pain and suffering.

A fifty-six year old male employed as a painter in Volusia County received a settlement of $200,000.00 in 2011 after he experienced a rear-end collision. He suffered personal injuries that required him to undergo numerous surgeries including an anterior cervical discectomy, and a fusion at C5-6 and C6-7.

A forty-year old self-employed male from Hillsborough County received a verdict for $348,685.91 in 2011 when he was rear ended by an underinsured driver. This occurred just thirty-three days after the plaintiff had been struck as a pedestrian. The rear-end collision was tried as an aggravation of pre-existing conditions from the pedestrian accident. He suffered soft tissue injuries to the neck. His verdict covered past and future medical damages, and past and future non-economic damages.

A male of an unknown age received a verdict for $96,478.89 in 2011 when he was rear ended in Sarasota County. His verdict covered only past medical expenses.

Every victim's experience following an automobile accident will be different. Each auto accident is unique and the navigation through the both the property damage, physical and monetary damages the victim experiences will depend on the nature of the accident and its consequences. In West Florida the verdicts and settlement cover a wide range of amounts and provide compensation to cover a variety of issues. Seeking professional legal help can help you navigate through the confusing arena of auto-accident litigation and settlements. A Florida attorney experienced in car accidents can help identify compensation you may deserve and fight for your rights.

What to Do In an Auto Accident: The Basics

Mon, 02 Jan 2012 15:33:04 -0500

You've just been injured in a serious car accident. It happened fast. You may not even be sure of exactly what happened. Now what? First call 911. You are on a recorded line and the insurance company will get a copy of the recording, so don't say you are "okay" or "fine" if you were hurt in any way. If you are injured in such a way that medical attention is immediately necessary, someone else will probably make the decision for you that you need to go to the hospital. If you are alert and oriented, you need to make the decision yourself. Hospitals are for acute, life threatening injuries. They are looking for what needs to be done right now to preserve your life. On the other hand, they are too busy to handle non-life threatening injuries and can be a poor source of care for injuries such as head injuries, spinal or joint injuries that do not pose a life threatening situation. Take care of your health and safety before anything else. If you are injured but do not require immediate medical attention we suggest taking the following steps:

Take pictures. Take pictures of the conditions of the road including any debris that is present. Take pictures of the damage to your car and any other car involved in the accident. If you have any bruises, cuts or scrapes, take pictures of those as well. Any camera will work so if you don't have an actual camera on you, the camera on your cell phone will work just fine.

Talk to and identify any witnesses. Obtain their names, addresses and other contact information. Later down the road it may be difficult, if not impossible to track down the witnesses. If you file a personal injury case, you will want to get a hold of any witnesses to the accident. They may have crucial information regarding the crash and that you were not at fault. Inability to track down witnesses can jeopardize your case when there is a dispute of fault.

Additionally, if you are not in the middle of the road or another location that will leave you in harm's way, do not move the car. If you are in a position that requires you to move the car, move it as little as possible--keeping it as close to the original location and position as you can. This will help the police officer, who will arrive on the scene to investigate, create an accurate diagram of the accident. If you hire an attorney and file a personal injury case, the diagram will help refresh your memory of key facts surrounding the accident and to explain the exact details of what occurred.

Take a careful look at the scene around you and document your observations. Write down the location, time, and circumstances of the accident as soon as possible. Include the position of the cars and whether or not you had to move the car after the accident to stay out of harm's way. Finally, jot down what you observe about the weather conditions, traffic conditions and conditions of the road.