Can I still win my Florida car accident case if my memory of the accident now conflicts with things I might have said at the time of the accident?

In Florida you can still win your case if your memory now conflicts with what you said at the time of the accident. Specifically when it pertains to police reports. When an accident occurs and the police show up at the scene they take information from both drivers. They take background information and they also take information regarding what the drivers know about what happened and they take statements. Those statements are actually considered privileged. They fall under the accident report privilege.

As a result, those statements are not permissible to be shown or displayed or actually read in court. Anything that a party to an accident tells the police will never be seen in court. As a result, if your memory changes or new evidence comes to light and the facts somewhat change that police report cannot be used against you.

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Written by
John Pape

John Pape is the Managing Partner at Weston & Pape and has more than 30 years of experience representing injured clients across Florida. A summa cum laude graduate of the University of Miami School of Law, he has devoted his entire career to personal injury cases, including motor-vehicle accidents, wrongful death, and nursing-home neglect. Recognized by Verdict7, The National Trial Lawyers Top 100, and Premier Lawyers of America, John is known for his thorough preparation and commitment to achieving meaningful results for his clients.

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