Earlier this month, a Florida appellate court issued a written opinion in a car accident case that was brought by a man who was rear-ended by a truck while he was stopped on the highway. The case required the court to determine if the plaintiff’s potentially inconsistent statements rose to the level of fraud on the court. Ultimately, the court determined that the plaintiff disclosed all of the necessary information; however, the fact that some of the information he provided was contradictory was relevant to his credibility, which should be weighed by a jury.
The Facts of the Case
The plaintiff was involved in an accident while he was stopped on the highway. The driver of the truck that struck him was later determined to be drunk. About four years later, the plaintiff filed a personal injury lawsuit against the other driver, as well as the driver’s employer.
Two months after the plaintiff filed this case, he was involved in another rear-end collision. This case involves the differences in how the plaintiff described the second accident. When he filed an insurance claim after the second accident, he described it as “hard impact very fast.” He also explained that the rear bumper was heavily damaged. However, the plaintiff’s testimony in this case characterized the accident as a minor one that only involved a “few dollars” worth of damage. In fact, the plaintiff initially did not even disclose the second accident when he was asked whether he was involved in any other accidents.