Car accidents are traumatic events that can lead to severe injury, emotional distress, and financial problems. Criminal or civil investigations often occur after accidents, especially when negligence or illegal activity contributes to the accident. Liability disputes are common after an accident from all sides, and it can be difficult for investigators, insurance adjusters, or law enforcement to determine the truth. Sometimes, these professionals may turn to polygraph testing to help investigate. Are these tests accurate and reliable? Are they allowed in court for accident cases?
What Is a Polygraph Test?
A polygraph, more commonly referred to as a lie detector test, measures physical or physiological responses as individuals answer questions. The tester is hooked up to a machine that measures data such as heart rate, respiration rate, blood pressure, and skin conductivity (it conducts electricity when the nervous system activates sweat glands). The intention behind polygraphs is to determine whether these physiological responses, combined with interpretations from a highly trained examiner, indicate a person is lying or hiding the truth. Polygraph tests can be used during criminal or civil cases, including when investigating a car or bike accident. However, not all courts will allow polygraph tests in court as evidence.
Relevance in Accident Cases
After a bike or car accident, facts can often be misinterpreted, misconstrued, or downright missing. A polygraph test can play a role when there is confusion surrounding who or what contributed to the accident, such as distracted driving or driving under the influence. Polygraph tests can provide credibility to claims of what behavior or words were exchanged before, during, and after the accident. Sometimes, it can be difficult to prove statements about injuries or medical issues that may have been there before the accident occurred; polygraphs can lend a hand with this. Attorneys or other investigators can generally use polygraphs to establish the credibility of a client or witness, though polygraph validity and admissibility vary according to jurisdiction.
Admissibility in Court
Polygraph tests have been used in court cases in the past, even for accident cases. In modern times, most courts prefer alternative forms of evidence, such as expert witness testimonies. Like any type of testimony or evidence, polygraph testing results must be carefully considered in US courtrooms. Examiner errors can be common; the wrong administrator can decrease the accuracy of the test. While some polygraph test results are closer to 100% reliability, there is no way to guarantee 100% accuracy. In most cases, admissibility in court will depend on individual state laws.
Illinois
In Illinois courts, polygraph testing is not admissible as evidence. Taking a polygraph is typically not a recommended practice by law enforcement, attorneys, or investigators for this reason. They may be used during extrajudicial investigations or psychological evaluations, but they won’t be used as evidence. Both defendants and plaintiffs typically decline testing for this reason. If you need help proving fault after a car or bike accident in Illinois, consult with an attorney who can help gather additional evidence. Large cities, such as Aurora or Chicago, will offer many experienced choices. For motorcycle or cycling accidents, consult with a Chicago or Aurora bicycle accident lawyer.
Florida
While Florida doesn’t typically admit polygraph testing into evidence in a court setting, there is a specific exemption if both parties agree to its use or results in testimony. In general, most Florida courtrooms hold that the tests may not be 100% scientifically accurate, but can be used when agreed upon by all.
Washington
Similar to Florida, polygraph testing can be used in Washington courts if parties agree to it and its findings are relevant to the case. They can be useful in psychiatric settings or during certain testimonies.
When Polygraphs May Be Used
Even if a polygraph result can’t be used as evidence in court, it can play other roles outside of the court for car accident cases. Polygraph results can potentially be used as a negotiation tactic for parties to agree to a settlement outside of court. Polygraph testing may be used in car accident cases where fraud may be suspected. Attorneys or private investigators may rely on polygraph testing outside of court, such as when determining the credibility of a particular witness. In these circumstances, the polygraph testing and its results are used as tools for the investigation rather than evidence in a courtroom.
Considerations Regarding Polygraphs
Before polygraph tests or their results are used in court or during an investigation, relevant parties need to consider whether the risk of unfavorable results is worth it. They will also need to find a credible and experienced examiner to deliver the most accurate polygraph testing results possible; cutting corners can reduce the test’s reliability. Polygraphs can also be misinterpreted by juries, opposing counsel, or judges. If clients or witnesses have an anxiety disorder or high levels of stress, polygraph testing may not be the best solution. The decision to use polygraph testing will vary immensely by each case.
Conclusion
Polygraph testing, just like any other investigational tool, has both positive potential and considerable drawbacks. Many investigators may find it useful when evaluating witness credibility, conducting character interviews, and other related tasks. However, polygraph testing is rarely admissible in court, and it is only if all parties agree to it. In accident cases, polygraphs can be used to help determine the cause or what behavior led to it. When paired with strong admissible evidence and an experienced examiner, a lie detector test can play a helpful role in accident cases.
