If a driver leaves the scene of an accident that caused property damage, serious bodily injury, or the death of another person, then they will face serious consequences for their actions. It is a crime to leave the scene of an accident without fulfilling the required statutory duties under Florida law.
All drivers have a responsibility to drive safely and in line with the law when they are on the road. This is also known as the duty of care which is meant to ensure the safety of drivers, pedestrians, and other road users. However, there are many drivers who think that they can get away with breaking the duty of care by operating their motor vehicle in a careless manner or by leaving the scene of an accident. In the event that a driver is caught leaving the scene of an accident, they will be charged and arrested in Fort Myers.
At The Law Place, we have over seventy-five years of combined experience when it comes to working under traffic law in Fort Myers and all over the State of Florida. Our law firm has been able to assist many drivers who are facing hit and run charges with great success, and we will do everything in our power to win your case.
Our team of criminal defense lawyers understands that you might have been involved in a compromising situation or that you made a mistake in a moment of panic. Rest assured that we will bring clarity to your case, and we will work hard to get the charges reduced or dropped in Fort Myers. Pick up your phone to call our office today, in which a criminal defense lawyer will discuss the details of your case and explain how we can be of service to you. Our phone lines are available twenty-four hours a day, seven days a week so that we can be available for you night and day.
Contact The Law Place now to schedule a free consultation, and a criminal defense lawyer will fight your leaving the scene of an accident involving property damage charges in Fort Myers.
A Driver’s Statutory Duties for Accidents Involving Property Damage in Fort Myers, FL.
When a driver gets involved in a car accident that causes damage to another person’s motor vehicle or other personal property, then they have a responsibility to fulfill their statutory duties before they are allowed to leave the scene under Florida law.
A driver’s statutory duties for a car accident involving only property damage are written in Florida Statute 316.061 and Florida Statute 316.063 as:
- Stop the motor vehicle – A driver must stop their motor vehicle near the scene of the car accident.
- Inform the person – A driver must find and inform the person that their property was involved in a car accident, and they have to ask for the person’s contact information, including their name, driver’s license, and vehicle registration number.
- Show their driver’s license – A driver must show their license to the other person involved in the car accident.
- Police officers – A driver must share their name, address, driver’s license, and vehicle registration number to the police officers when they arrive at the location of the car accident.
- Absent owner – A driver must track down the owner in the event that they were absent from the car accident which caused property damage. However, if the owner cannot be found, then the driver has a responsibility to write a letter including their name, address, and vehicle registration and leave the note in a conspicuous place.
- Alert the police department – At the soonest possible time, a driver must alert the police department of the car accident.
For a free legal consultation with a leaving the scene involving property damage lawyer serving Fort Myers, call 941-444-4444
A Driver’s Statutory Duties Involving Bodily Injury or Death in Fort Myers, FL.
When a driver gets involved in a car accident that causes serious bodily injury or death to another person, they have a responsibility to fulfill their statutory duties before they are allowed to leave the scene under Florida law.
A driver’s statutory duties for a car accident involving serious bodily injury or death are written in Florida Statute 316.062 and Florida Statute 316.027 as:
- Stop the motor vehicle – A driver must stop their motor vehicle near the scene of the car accident.
- Inform the person – A driver must find and inform the person that their property was involved in a car accident, and they have to ask for the person’s contact information, including their name, driver’s license, and vehicle registration number.
- Show their driver’s license – A driver must show their license to the other person involved in the car accident.
- Police officers – A driver must share their name, address, driver’s license, and vehicle registration number to the police officers when they arrive at the location of the car accident.
- Reasonable assistance – A driver must be willing to offer ‘reasonable assistance’ in the event that the other person was injured in the car accident. This might include calling an ambulance or making an arrangement for the person to be taken to the hospital.
- Alert the police department – At the soonest possible time, a driver must alert the police department of the car accident in the event that the other person was injured or did not have the mental capacity to receive the identifying information from the driver at the time.
Fort Myers Leaving the Scene Involving Property Damage Lawyer Near Me 941-444-4444
Required Proof for a Hit and Run Accident in Fort Myers, FL.
The prosecutor is responsible for proving that the driver in question did not fulfill their statutory duties and abandoned the location of the car accident in Fort Myers. They must prove that:
- The driver in question was in control of the same motor vehicle that caused the car crash that led to property damage, serious bodily injury, or death.
- The driver in question knew or should have been aware that they were in a car crash.
- The driver in question knew or should have been aware that the car crash resulted in property damage, serious bodily or death.
- The driver in question did not remain at the location of the car crash, and they did not stop near the location either. In addition, they did not offer their identifying information to the other person or the police officer. Furthermore, they refused to offer ‘reasonable assistance’ to the other person who was injured.
The term ‘identifying information’ refers to the driver giving their name, address, and vehicle registration number in the event that a police officer or someone else involved in a car accident asks to see it. The request might also include seeing the driver’s license or permit.
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Penalties for Leaving the Scene of an Accident in Fort Myers, FL.
If someone caught you leaving the location of a car accident, then you will be charged for failing to complete your statutory duties in Fort Myers. The type of penalties that you will face depends on the severity of the damage and injures caused by the accident.
- Leaving the scene of a car accident involving property damage- A second-degree misdemeanor which is punishable by paying up to $500 in fines and spending up to 60 days in jail.
- Leaving the scene of a car accident involving injury- A third-degree felony which is punishable by paying up to $5,000 in fines, spending up to 5 years in prison, and 5 years of probation.
- Leaving the scene of a car accident involving death- A first-degree felony which is punishable by paying up to $10,000 in fines and spending up to 30 years in prison. However, you will have to spend a minimum of 2 years in prison in the event that you were driving under the influence of alcohol or drugs at the time that you were leaving the scene of an accident that caused injury or death.
In addition, your driver’s license will also be revoked by the court for leaving the scene of an accident involving injury or death.
You should call a criminal defense lawyer from The Law Place to set up a free consultation today. A criminal defense lawyer will discuss the nature of your charges and explain a list of the potential penalties that you could be facing in the aftermath of a hit-and-run accident in Fort Myers.
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Why Does a Driver Leave the Scene of a Car Accident in Fort Myers, FL?
There will never be a reason or an explanation that will justify injuring another person without offering them the necessary medical assistance and then willfully leaving the scene of an accident. Our law firm has figured out the most common reasons behind a driver leaving the scene of an accident, such as:
- They might not have car insurance.
- They might not have a valid driver’s license.
- They were driving an unregistered motor vehicle, or they were operating a motor vehicle while on a suspended driver’s license.
- They were in the middle of committing another offense, or they might have an outstanding warrant.
- They were scared of getting deported or facing criminal action.
It is important that you seek legal counsel with a car accident lawyer as soon as possible, regardless of the reason why you left the scene of the accident in Fort Myers. You should get in touch with a car accident attorney at The Law Place now, and we will help you to fight the hit and run charges in Fort Myers.
Defenses to Leaving the Scene of an Accident in Fort Myers, FL.
If you put your faith in The Law Place, you will always have the greatest chance of securing an outcome that is in your favor. Our law firm is willing to offer your case the attention and focus that it deserves in order to come out on top. Our team of car accident lawyers will investigate your case and explore all of the possibilities in order to construct a defense method that will surely get your charges reduced or dropped altogether in Fort Myers.
The main types of defenses that we tend to use in cases of leaving the scene of a car accident include:
- The driver’s identity is unconfirmed.
- The driver did not know that there was a collision.
- The driver did not know that they collided with someone else’s motor vehicle or property.
- The driver was in the middle of an emergency, and their failure to stop was not willful.
- The driver did their best to stop their motor vehicle near the location of the car crash.
- The other person involved in the crash did not want to receive their identifying information.
- The other person involved in the crash was aggressive and made them leave the location to find the police and bring them back.
- The driver was willing to offer ‘reasonable assistance’ to the other person who suffered an injury in the accident.
You will be pleased to hear that most hit-and-run charges do not result in a conviction. If you get in touch with The Law Place quickly, then we will be able to reach out to the prosecutor early, and we will negotiate a lesser charge or a lenient solution to your case that will hopefully avoid the fines, potential jail time, and getting a criminal record.
Can I Be Charged if I Witnessed an Accident and Left the Scene in Fort Myers, FL?
If you witnessed a car accident happen and you decide to leave the scene in Fort Myers, then you do not need to be concerned. You have no legal obligation to stay at the location of an accident that you did not have a hand in. However, the right move is to stop when a car accident happens, especially in the event that the accident takes place in a parking lot or a quiet street where no one else is around.
If you saw another driver leave the scene of an accident, then you should immediately pick up your phone and call 911 to help the person who was injured. In this case, you might be asked to testify in court or write a witness statement of the car accident. There are no expectations of you, and you should not change your entire schedule around for a crash that you were not involved in. However, your time and support might save the life of another person who was involved in an accident that was not their fault.
The Role of a Criminal Defense Lawyer in Fort Myers, FL.
The Law Place has years of experience when it comes to defending all types of hit-and-run cases in Fort Myers and throughout the State of Florida. Our team of criminal defense lawyers will provide you with support and guidance to help you make good decisions in regard to your case. We are aware that every case is different from the next.
Our law firm will handle the following aspects to help your case:
- We will conduct an investigation into the accident.
- We will collect and look into all forms of evidence.
- We will speak to the people who witnessed the accident.
- We will deal with all of the related paperwork.
- We will negotiate with the prosecutor and get your charges reduced or dismissed.
- We will construct a strong defense
- We will avoid a criminal conviction on your behalf.
Contact The Law Place Today in Fort Myers, FL.
If you crashed into someone else’s motor vehicle or property and left the scene, then you should seek legal advice from a law firm that you can trust. It is important that you understand the rights that you have following a case of leaving the scene of an accident in Fort Myers.
At The Law Place, we have over seventy-five years of collective experience and knowledge in fighting hit and run charges in Fort Myers and across the State of Florida. Our law firm is known for being able to handle difficult cases that other lawyers cannot, and we have helped hundreds of clients to beat their hit-and-run charges.
We know that there is a possibility that there might have been a misunderstanding, or you were involved in an emergency situation at the time that the accident happened, and we will strive to bring clarity to your case. Our team of car accident lawyers will investigate the accident, collect information, negotiate with the prosecutor and build a defense strategy that will surely get your charges reduced or dropped in the end.
Contact The Law Place now to schedule a free consultation, and a criminal defense lawyer will fight your leaving the scene of an accident involving property damage charges in Fort Myers.
Call or text 941-444-4444 or complete a Free Case Evaluation form