Crash Reports
Question
Ron asked: Two touring cyclists were rear-ended and killed in Darien, Georgia over the weekend:
Last year I we all lost a great friend when he was rear-ended and killed on SR11 north of DeLand:
http://www.news-journalonline.com/breakingnews/2011/08/bicyclist-killed-in-collision-with-van.html
My question is this: is information regarding the outcome of investigations into such tragedies a matter of public record and available to anyone interested?
Attempts I have made into the DeLand accident received no response form FHP.
Answer
This is the link to the information about obtaining crash reports.
Will an accident report indicate if charges were ever filed?
Generally law enforcement will file charges if it’s clear who’s at fault. However, the motorist I sue almost ALWAYS claim the bicycle “swerved” into their lane. It is ridiculous sometimes how blatant of a lie it is they will claim under the most bizarre. I once had a commercial driver claim this. His van was on a four lane road with no traffic on this inside lane clear day, cyclist had a “day-glo” high visibility vest and a white helmet on riding single file, no rain no visual obstructions.
With bicycle crashes the rider is usually transported and may not have a chance to speak with the officer/deputy/trooper if he is cognizant. The trooper is then left with the motorists who will seldom tell the truth. At that point it’s up to the officer/deputy/trooper to make a judgment call. He’s not a cyclist so most of the time he’ll put down no charges. They always forget about viewing the crash in light of the three foot rule 316.083(2)
When/if s/he does show up at the hospital there is also a chance the bicyclist is unable to recall the incident and … what direction were they looking at anyway? Forward.
So oft times the “traffic exchange” will have no charges on it. Whether the police officer does the extra step and investigates, uses the appropriate statutes to charge the motorists is up in the air. So, usually the charges are on the crash report. And usually, at least in bicycle crash cases, no charges are made against the motorist.