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?
4 Answers from Attorneys
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
Re: Car Accident
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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.
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.
Re: Car Accident
Not in my courtroom.