In Florida, a plaintiff in a car accident case generally must show that the defendant’s negligence caused the accident to recover damages. In turn, if a defendant can show that it was not their negligence but the negligence of the plaintiff that caused a collision, they may be able to obtain a verdict in their favor. While a defendant is permitted to introduce evidence suggesting a plaintiff’s fault, they cannot proffer information that is irrelevant or unduly prejudicial as discussed in a recent Florida opinion issued in a wrongful death case arising out of a car accident. If you lost a loved one in a fatal car crash, it is advisable to speak to a knowledgeable Florida car accident attorney about your rights.
The Subject Accident
Allegedly, the defendant, who was driving a car, collided with the decedent, who was operating a motorcycle. The decedent sustained critical injuries in the accident and passed away shortly after. The plaintiff filed a wrongful death lawsuit against the defendant on behalf of the decedent’s estate, alleging that the defendant’s negligence caused the collision and the decedent’s death. No one observed the accident, but one witness saw the decedent shortly before and after the crash. She testified that she saw him perform a wheelie approximately five minutes before the collision and later arrived at the scene of the collision.
It is reported that before the trial, the plaintiff moved to bar the defendant from introducing evidence regarding the wheelie the decedent reportedly performed or suggesting that the wheelie led to the collision, on the basis that there was no evidence he performed a wheelie at the time of the accident. The decedent filed a response in opposition to the motion. Continue reading