Legal Question in Personal Injury in Florida

Car Accident

My son was stopped at a red light and rear ended. The driver of the car had two passengers who fled on foot. The driver was cited for not having a valid DL and reckless driving. Although the driver told police he wasn't paying attention and accepted responsibility, he is now claiming he had a passenger who claims he saw tail-lights on my sons car and that my son was backing up. Can a person leave the scene of an accident and then be considered a credible witness?


Asked on 11/12/07, 2:01 pm

4 Answers from Attorneys

Joseph Fried Law Offices of Joseph A. Fried

Re: Car Accident

There are a number of aspects to your post. the short answer is that in my experience, most judges would allow the witness to testify, but that witness would be subject to a vigorous cross examination. Ultimately it is usually up tot he trier of fact - whether judge or jury - to make credibility determinations.

sincerely,

Joseph A. Fried

www.mygeorgiainjurylawyers.com

Licensed in GA an FL

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Answered on 11/12/07, 3:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Car Accident

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. If the case ever went to trial, it would be up to the defendant to put the witness on the stand and elicit testimony. Your son's attorney can cross examine and the fact that the witness fled the scene would surely raise doubts in the mind of the judge or the jury. Ultimately, it would be up to the jury to decide whether or not the witness is credible or not.

Scott R. Jay, Esq.

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Answered on 11/12/07, 9:33 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Car Accident

He is not likely to be found very credible -- but, in the end, it would be up to a jury to determine who they believed.

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Answered on 11/12/07, 2:14 pm
David Slater David P. Slater, Esq.

Re: Car Accident

Not in my courtroom.

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Answered on 11/12/07, 2:59 pm


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