How do I find the driver's identity and accident report so I can understand what happened and preserve my rights? - Florida
The Short Answer
In Florida, a driver involved in a crash causing injury or death is legally required to provide identifying information and cooperate with the crash investigation. In a fatal bicycle-vehicle collision, the crash report and driver identity are often obtainable through law enforcement and related records, but access and timing can be sensitive—especially when you are also trying to preserve a potential wrongful death claim.
What Florida Law Says
Florida law requires drivers involved in crashes with injury or death to provide key identifying information (name, address, and vehicle registration number) and to show a driver’s license when requested, including to law enforcement investigating the crash. This duty is part of how Florida ensures accountability and helps families and investigators determine what happened after a serious collision.
The Statute
The primary law governing this issue is Fla. Stat. § 316.062.
This statute establishes that a driver involved in a crash resulting in injury or death must provide identifying and vehicle information and render reasonable assistance, including providing that information to law enforcement investigating the crash.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: In fatal-crash cases, key evidence (vehicle data, surveillance video, phone records, witness memories) can disappear quickly, and wrongful death claims have time limits that can bar recovery if missed.
- Burden of Proof: It is not enough to know who the driver was—you typically must prove how the collision occurred, whether traffic laws were violated, and how those facts caused the death and damages.
- Exceptions: Access to crash-related materials can involve privacy restrictions, ongoing-investigation limitations, and disputes about what can be released and when—issues that often require legal pressure and careful handling.
In your situation, there is an added layer: Florida wrongful death claims are brought by the decedent’s personal representative for the benefit of survivors, which means probate-related steps and survivor identification can directly affect how the case is positioned and protected.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Wrongful Death attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.