After a car accident, emotions can run high. It is not uncommon for people to say things like “I am sorry,” or “I am sorry I did not see you.” Some people make such statements even if they did not cause the accident. While this is a natural way for human beings to show concern, such comments can have serious legal consequences if you file a personal injury claim. Such statements may be considered an admission of guilt and used as evidence in your case. However, whether or not an apology can be used as evidence against you in your Florida car accident case depends on the statement’s content and the circumstances under which it was made. Read on!
The Role of Statements in Florida Car Accident Claims
Determining fault after a car accident is a complex process that entails collecting evidence, assessing witness statements, and sometimes working with experts, such as accident reconstruction specialists. What you say at the accident scene can significantly impact any compensation claim you file against the other driver. Insurance companies and attorneys often assess what the involved parties said at the accident scene. You may weaken your case if you apologize or admit to a mistake, even unintentionally. While showing concern is a normal human reaction, being cautious with your words is crucial. Remember that even simple statements can seriously affect your claim.
What Does Florida Law Say About Admissibility of Apologies in Civil Cases?
Florida law offers some protection by considering some sympathetic statements inadmissible in civil cases. Under Florida Statute section 90.4026, statements expressing sympathy relating to the pain, suffering, or death of another person involved in an accident and made to that individual or their family are considered inadmissible as evidence in a civil case. However, the same statute clarifies that a statement that implies fault is not accorded the same protection, meaning it can be admitted as evidence in a civil case.
So, what does the above mean in simple terms? If, for example, after a car accident, you say “I am sorry you are hurt,” or “I hope you are fine,” such statements cannot be used as evidence against you in a personal injury case. However, if you say something like, “I am sorry I was not paying attention to the road,” or “I am sorry I did not see you,” your statement can be used as evidence in court since it practically admits fault.
It is critical to understand the difference between expressing concern and admitting fault. After a car accident, remember that even a well-intentioned apology could be used against you, depending on the specific words you use.
How To Protect Yourself After an Accident
To protect yourself after a car accident;
- Prioritize safety and call emergency services
- Document the scene
- Exchange information without apologizing or discussing fault
- Don’t make statements that could be interpreted as admissions of guilt
- Speak to an attorney
Contact Us Today for Legal Help
Contact our Orlando car accident attorneys at The Pendas Law Firm today for legal guidance if you’ve been involved in a car accident. We can ensure you don’t make mistakes that could jeopardize your chances of recovering the compensation you deserve.
The Pendas Law Firm also represents clients in the Ocala, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, Melbourne, Fort Myers, and Fort Lauderdale areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0090/Sections/0090.4026.html
