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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In FL Small Claims Court, if the investigating officers of

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In FL Small Claims Court, if the investigating officers of a non-injury traffic collision is called to testify in support of his accident report, and if he has high credentials as a Homicide Accident investigator, can his "opinion" of the truthfulness of conflicting stories of the collision drivers where there was no other witnesses be admitted into evidence, or is he constrained solely to the facts he found at the scene?
Thank you for your question and asking for me. I look forward to working with you again.

The investigator can testify to his investigation only. If the investigator has had special training, such as traffic schools, then you can seek to "qualify him as an expert," which is done by notifying the court you seek to qualify him as an expert and then get him on the stand and question him about his training and experience relative to accident scene investigations and establish he has sufficient training and experience and ask the court to allow him to testify as an expert. Once you qualify him as an expert, you can then ask his opinion about fault or cause of the accident.



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Customer: replied 4 years ago.

Is the qualifying something that can be done at trial, or is this done by a separate motion and hearing, and to be specific, which "fault or cause" may be limited by, can he specifically testify (once he's accepted as expert) to his "opinion" of who was telling the truth?

Thank you for your response. Qualifying is usually done before the trial by you filing a motion to qualify expert witness, but it can also be done during trial when you put the officer up on the stand to testify and you ask him questions about his training and then ask the court to treat him as an expert witness.

Once he is accepted as a witness he can express his opinion as to the cause of the accident or fault in the accident.
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