As personal injury attorneys in Florida, we frequently see cases where a police accident report doesn’t tell the whole story. However, a recent situation brought to light on an online legal forum highlights a deeply concerning issue regarding a deaf driver car accident. What happens when law enforcement fails to communicate with a driver who is deaf or hard of hearing and then wrongfully places the person at fault?

In this scenario, which illustrates a deaf driver car accident Florida law enforcement handled poorly, a driver was proceeding cautiously through an intersection with a flashing yellow light. Another vehicle blew through a flashing red light, causing a severe T-bone collision that totaled the deaf driver’s car and sent him to the hospital with a brain bleed. Disoriented and injured, the deaf driver was never given a sign language interpreter, nor was he asked for a written statement. Instead, the police simply assigned 100% of the fault to him.

If this happens to you or a loved one, you need to know that this investigation is fundamentally flawed, and you have legal recourse. Here is how Florida law and federal civil rights laws protect you in a situation like this.

Flashing Yellow vs. Flashing Red: Who Is at Fault?

Under Florida traffic laws, a flashing yellow light indicates that a driver may proceed through the intersection, but they must do so with caution. Conversely, a flashing red light acts exactly like a stop sign. The driver facing the flashing red light is legally required to come to a complete stop and yield the right-of-way to oncoming traffic.

If you have photographic evidence, dashcam footage, or witnesses proving that you had the flashing yellow while the other driver had the flashing red, the police report is flat-out wrong. An experienced personal injury attorney can challenge the official report, present this evidence to the insurance companies, and demand that the report be amended to reflect the true at-fault party.

The Police Failed to Provide an Interpreter: A Violation of the ADA

The fact that the police assigned fault without obtaining a statement from a deaf driver raises massive red flags. Under Title II of the Americans with Disabilities Act (ADA), law enforcement agencies are strictly required to provide “effective communication” to individuals with disabilities.

In a complex scenario like a serious car accident investigation, “effective communication” virtually always necessitates a qualified sign language interpreter. This is especially true when the driver is disoriented from a head injury. Failing to secure an interpreter, failing to take a written statement, and relying solely on the word of the hearing driver constitutes a clear violation of the ADA. These actions completely undermine the legitimacy of the police investigation.

Debunking the “14-Day Rule” Myth

There is a common misconception that car accident victims only have 14 days to hire a lawyer. This is completely false. The “14-day rule” actually refers to Florida’s Personal Injury Protection (PIP) insurance requirements. Under Florida law, you must seek medical treatment within 14 days of a motor vehicle accident to qualify for your PIP medical benefits. Because the driver in this scenario was immediately taken to the hospital, his PIP coverage is secure. You have much longer to retain an attorney and file a lawsuit, though acting quickly is always recommended to preserve evidence.

What You Should Do After an Inaccurate Police Report

If you or a loved one are deaf or hard of hearing and have been involved in an accident, do not let an inaccurate police report discourage you. A police report is a preliminary assessment: It is not the final verdict on your case. You should contact an experienced car accident attorney immediately.

At Abrahamson & Uiterwyk, we believe that every driver deserves a fair, lawful, and accessible investigation. Our legal team can step in immediately to take the following actions:

  • Gather and protect critical photographic and video evidence.
  • Aggressively challenge the faulty police report.
  • Hold law enforcement accountable for ADA violations.
  • Fight the insurance companies to secure compensation for your medical bills, pain and suffering, and property damage.

Contact Abrahamson & Uiterwyk today for a free, fully accessible consultation. Our attorneys can review your accident, explain your legal options, and help you determine what steps to take next

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