Videotape footage obtained by the at fault party (defendant) in personal injury cases is often not disclosed before filing of the lawsuit. The reason for this is because the Defendant wants to catch the accident victim testifying inconsistently with what is captured on the tape in order to discredit him/her. This is true even if the victim’s memory is colored by lack of memory, confusion at the time of the accident or lack of knowledge.
The law in Florida states videotape footage must be released before the plaintiff answers accident questions under oath. Target Corp. vs. Vogel (Fla. 4th DCA 2010) Therefore, you should send a request for videotapes and photographs upon reporting the incident and before giving your testimony under oath.
An experienced attorney that knows the law concerning personal injury will prevent you from making the mistake of giving your testimony before reviewing video footage of your accident.
If you need help with your accident, call the Law Office of Laurie D. Mitchell, P.A. You will be glad you did. 352-371-9828 (office)