A hit and run, also called leaving the scene of an accident, is a criminal offense. The failure of a driver to remain at the location of the car accident and fulfill their statutory duties will face serious consequences as written under Florida law.
At The Law Place, we have over seventy-five years of collective experience when it comes to handling hit-and-run accidents throughout the State of Florida. Our law firm has successfully managed hundreds of hit-and-run accident cases over the years, and we know that we can help your case too.
If you have any questions in regard to a hit and run that involves death, bodily injury, or property damage, then you can pick up your phone and call our office now. A car accident lawyer will be waiting to hear from you. Our phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
Contact us to learn how the hit-and-run laws in Florida can affect your case.
Statutory Duties Following a Car Accident Involving Property Damage
The law surrounding a car accident involving only property damage to someone else’s motor vehicle or personal property states that a driver must:
- The driver has to stop their car at the location or as close as possible to the scene of the accident.
- The driver has to notify the person who owns the motor vehicle or other personal property and give their name, address and vehicle registration number.
- The driver has to show their license to the other person when they ask.
- The driver has to give their license, address, vehicle registration number, and other necessary information to the police officers at the scene of the accident.
- The driver has to find the person who owns the motor vehicle or other personal property in the event that they were not present at the accident. If they cannot find the owner, then they have to write a note and securely attach it in a conspicuous place for them to see.
- The driver has to notify the police department of the accident as soon as possible.
The above information can be found in Florida Statute 316.061 and Florida Statute 316.063.
Statutory Duties Following a Car Accident Involving Bodily Injury or Death
The law surrounding a car accident involving bodily injury or death states that a driver must:
- The driver has to stop their car at the location or as close as possible to the scene of the accident.
- The driver has to notify the person who owns the motor vehicle or other personal property and give their name, address, and vehicle registration number.
- The driver has to show their license to the other person when they ask.
- The driver has to give their license, address, vehicle registration number, and other necessary information to the police officers at the scene of the accident.
- The driver has to be willing to render ‘reasonable assistance’ to the other person who was hurt in the accident. They might have to carry the person or call an ambulance to take them to the hospital for medical attention.
- The driver has to notify the police department of the accident as soon as possible, especially when the other person is not in the condition to receive the above information.
The above information can be found in Florida Statute 316.062 and Florida Statute 316.027.
Required Proof in a Hit and Run Accident
In the case of a hit and run accident, the prosecutor must be able to prove the four following elements beyond a reasonable doubt in the courtroom:
- The person who has been accused of a hit-and-run is the same driver of the motor vehicle who was involved in the accident that resulted in property damage, personal injury, or the death of another person.
- The driver was aware or should have known that they were involved in a crash.
- The driver was aware or should have known that they caused property damage, injury, or death of another person.
- The driver failed to stop at the location or as close as possible to the accident. They failed to stay at the scene until they had given their identifying information to the other person or police officer, or they failed to render ‘reasonable assistance’ to the person who was hurt in the accident.
‘Identifying information’ refers to the driver’s name, address, vehicle registration number, and exhibition of their driver’s license or permit.
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Penalties for Leaving the Scene of an Accident
The penalties for a Florida hit and run accident will vary depending on the level of harm or damage caused in the car accident.
Car Accidents Involving Property Damage
A driver who was involved in a hit and run accident that resulted in only property damage will be charged with a second-degree misdemeanour, the penalties ifor which include spending up to 60 days in jail and paying a $500 fine.
Car Accidents Involving Personal Injury
A driver that was involved in a hit and run accident that resulted in personal injury will be charged with a third-degree felony. The penalties include spending up to 5 years in prison, 5 years of probation, and paying a $5,000 fine.
Car Accidents Involving Death
A driver that was involved in a hit and run accident resulting in the death of another person will be charged with a first-degree felony. The penalties will include spending up to 30 years in prison and paying a $10,000 fine.
If a driver was under the influence of alcohol or drugs when they left the scene of an accident involving injury or death, then they will be subject to a mandatory minimum prison term of 2 years. In addition, a driver will be subject to a mandatory driver’s license revocation for cases involving injury or death.
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Defenses to a Hit and Run Accident
There are a number of defenses that will minimize the potential consequences and contest a hit-and-run accident charge. The most common defense strategies that our law firm uses include:
- There are disputes around the driver’s identity.
- There was a lack of knowledge that an accident happened.
- There was a lack of knowledge that an impact happened with a person or property.
- The driver’s failure to stop was dictated by circumstances, and it was not on purpose.
- The driver attempted to stop as close as they could to the scene of the accident.
- The other person involved in the accident did not want to receive the identifying information.
- The other person involved in the accident was belligerent and forced the driver to find the police.
- The driver did render ‘reasonable assistance’ within the meaning of the Florida statute.
A hit and run charge does not have to necessarily result in a conviction, even in the absence of a viable defense. In most cases involving a misdemeanor, a car accident lawyer will try to make early contact with the prosecutor in order to negotiate a lenient resolution to the case, which will help you to avoid spending years in prison, probation, and getting a permanent criminal record.
What Happens When Drivers Leave the Scene?
In most cases, it can be difficult to track down a driver when they leave the scene of an accident. This is unfortunate for the people who suffered the accident because they will find it hard to receive compensation for the crash. When a driver leaves the scene of an accident, it will become a criminal investigation.
There are a number of reasons why a driver might leave the scene of an accident, including:
- The driver does not have car insurance.
- The driver was in an unregistered motor vehicle, or they were on a suspended driver’s license.
- The driver was in the process of committing another crime, or they had an outstanding warrant.
- The driver does not have a driver’s license.
- The driver was scared to get deported or getting prosecuted.
Contact The Law Place Today!
If you are wondering about the laws surrounding a hit and run, then you should speak to a car accident lawyer now. A hit and run accident is a serious offense, and there must be an extensive investigation into the case.
At The Law Place, we have over seventy-five years of combined experience and knowledge in fighting hit and run accidents all over the State of Florida. If you or someone you know were involved in a hit-and-run accident, then you should seek legal counsel now. Our law firm will answer all of the questions that you have, and we will offer you a key piece of advice to help you in your current situation.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.