Lucilinda Quiles was driving 2015 Mazda on SR 408 when she moved out of the left lane, into the grass median, and then struck a barrier wall. Her vehicle stopped hanging from the bridge as in the photograph below. Rescuers were able to get her and a child out of the vehicle before anything further happened. The injuries from the accident were not described as serious despite the harrowing nature of the ordeal. Ms. Quiles is lucky that a lip on the metal guardrail caught her vehicle and prevented it from going over. The accident happened at approximately 10:50 a.m. on Sunday.
Operation Of Florida’s Accident Report Privilege
It is not known what caused Ms. Quiles to go from the left lane and onto the grass before hitting the guardrail. She is quite lucky the she does not have a serious injury as well as her child. In this case, Ms. Quiles is required by Florida law to give a statement to the police. This initial statement to police is covered by the “accident report privilege.”
As a result of that statement, Ms. Quiles cannot be charged with a crime because of the nature of the absolute privilege. Once the statement is given as “required” or “compelled” by Florida law, the police would have to announce that they are no longer taking a civil statement and give the person Miranda rights in order to keep going and to use any such information gained.
Applicability Of No Fault Coverage
Regardless of any charges that may be filed against the driver, both the driver and her child should be covered for medical expenses up to $10,000 per person in personal injury protection (PIP or no-fault) benefits. These are benefits that are paid regardless of fault.