A hit-and-run, also referred to as leaving the scene of an accident, is a serious offense in the State of Florida. A hit and run accident is known as the failure of the driver to fulfill their statutory duties, and they will face the consequences of their actions under Florida Statute 316.061.
If you or someone you know was caught in a hit-and-run accident that resulted in property damage, bodily injury, or even death, then you will face severe consequences. Every driver is required to operate their motor vehicle by following the duty of care. The law demands that all drivers travel mindfully and in accordance with the law to keep themselves and other road users safe in the State of Florida. If a driver breaches their duty of care by traveling recklessly or causing a hit and run accident, then they will face a number of consequences which we will discuss further in this article.
At The Law Place, we have over seventy-five years of collective experience and knowledge in fighting hit-and-run accident cases all over the State of Florida. Our law firm is aware of the laws surrounding hit and run accidents, and we are aware of the severity of the consequences for getting charged with a hit and run.
It is essential that you get in contact with a hit-and-run accident lawyer after you have been charged with leaving the scene of an accident involving property damage, bodily injury, or death. Our team of hit-and-run accident lawyers has the necessary skills and resources to take on the case and ensure that you have not been wrongfully charged for a crime.
Pick up your phone to call our office today. A hit-and-run accident lawyer will be prepared to take on your case and answer all of your questions. Our phone lines are open twenty-four hours a day, seven days a week so that you can call us at a time that suits you.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
Definition of Leaving the Scene of an Accident in the State of Florida
The definition of leaving the scene of an accident is explained in Florida Statute 316.061 and Florida Statute 316.027 as:
- Any type of damage to property, as well as bodily injury or even death.
- The driver willfully decided to leave the scene without giving the identifying information under Florida law. Identifying information refers to the driver’s name, address, vehicle registration number, insurance information, and other contact details.
The driver must have known that they were involved in a car accident in order to receive a charge of leaving the scene of an accident. In addition, they must be aware that they caused property damage or bodily injury as a result of the car accident. If a driver fails to report property damage, then it is classed as a violation. If a car accident leads to bodily injury or the death of someone, then the driver must also make themselves available to offer support and take the necessary actions to help the injured person. If a driver fails to offer assistance to the injured person, then they will face serious consequences for their actions, including large fines, prison time, and more.
If you do not know what to do next, then you can speak to a hit-and-run accident lawyer from The Law Place today.
For a free legal consultation, call 941-444-4444
A Driver’s Statutory Duties Involving Property Damage
A driver has to fulfill the following statutory duties after getting involved in a car accident that resulted in only property damage:
- Stop – The driver has to stop their car as close as they can to the location of the car accident.
- Inform the owner – The driver has to inform the owner of the car that their property has been damaged. Then they have to collect their information like name, driver’s license, and vehicle registration number.
- Driver’s license – The driver has to reveal their license when the other driver or police officer asks.
- Identifying information – The driver has to give their name, license, address, vehicle registration number, and other identifying information to the police officers at the scene.
- Absent owner – The driver has to track down the owner of the car if they were absent from the accident when it happened. However, if they cannot locate the owner, then they have to leave them a note with their name, address, and vehicle registration number in a conspicuous place for the owner to find.
- Law enforcement – The driver has to notify law enforcement of the car accident as soon as possible.
More information can be found in Florida Statute 316.061 and Florida Statute 316.063.
A Driver’s Statutory Duties Involving Bodily Injury or Death
A driver has to fulfill the following statutory duties after getting involved in a car accident that resulted in bodily injury or death:
- Stop – The driver has to stop their car as close as they can to the location of the car accident.
- Inform the owner – The driver has to inform the owner of the car that their property has been damaged. Then they have to collect their information like name, driver’s license, and vehicle registration number.
- Driver’s license – The driver has to reveal their license when the other driver or police officer asks.
- Identifying information – The driver has to give their name, license, address, vehicle registration number, and other identifying information to the police officers at the scene.
- Reasonable assistance – The driver has to be willing to offer ‘reasonable assistance’ in the event that someone was injured in the accident. They might have to call an ambulance or make a special arrangement for the injured person to be taken to the hospital.
- Law enforcement – The driver has to notify law enforcement of the car accident as soon as possible in the event that the injured person cannot receive the identifying information.
More information can be found in Florida Statute 316.062 and Florida Statute 316.027.
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Required Proof in a Hit and Run Accident
The prosecutor has to be able to prove that the driver failed to fulfill their statutory duties at trial by establishing that:
- The driver was using the same motor vehicle that caused the car accident resulting in property damage, bodily injury, or death.
- The driver was aware or should have known that they were in a car accident.
- The driver was aware or should have known that the car accident leads to property damage, bodily injury, or death.
- The driver did not stay at the location of the accident, and they did not try to stop near the scene. Furthermore, the driver did not give the identifying information to the other driver or police officer, and they did not offer ‘reasonable assistance’ to the person who was injured.
Identifying information refers to the driver’s name, address, and vehicle registration number, as well as their driver’s license or permit upon the request of a police officer.
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Consequences for a Hit and Run Accident
The consequences that a driver will face for leaving the scene of a car accident will depend on the damage caused:
- Hit and run accident involving property damage – A hit and run accident involving property damage is classed as a second-degree misdemeanor. The consequences will involve paying a $500 fine and spending up to sixty days in jail.
- Hit and run accident involving injury – A hit and run accident involving injury is classed as a third-degree felony. The consequences will involve paying a $5,000 fine along with spending up to five years in prison or five years of probation.
- Hit and run accident involving death – A hit and run accident involving death is classed as a first-degree felony. The consequences will involve paying a $10,000 fine along with spending up to thirty years in prison. However, if the driver was under the influence of alcohol or drugs at the time that they left the scene of an accident, then they will receive a minimum of two years in prison. In addition, their driver’s license will also be revoked by the court for all hit and run cases involving injury or death.
Defense Strategies to Hit and Run Accidents
There are a number of defense strategies that can be used to contest a hit-and-run charge in the State of Florida. The Law Place has successfully been able to reduce the charges and minimize the consequences of a hit and run accident by employing the following defense methods:
- The driver’s identity is unconfirmed.
- The driver lacked knowledge or awareness that a car accident happened.
- The driver lacked knowledge or awareness that there was a collision with another person’s car or property.
- The driver was in the middle of an emergency, and their failure to fulfill their statutory duties was not willful.
- The driver tried to stop their car as close as they could to the scene of the car accident.
- The other driver refused to receive the identifying information from them.
- The other driver behaved in a hostile and belligerent manner. They forced the driver to leave the location of the car accident to find law enforcement.
- The driver gave assistance to the injured person that was ‘reasonable’ within the meaning of the Florida statute.
A hit and run charge does not always result in a conviction, even without a viable defense in the State of Florida. However, a hit-and-run accident lawyer from The Law Place will be able to make all the difference in your case.
If you contact a hit-and-run accident lawyer from our law firm now, we will make quick contact with the prosecutor in order to negotiate a lenient resolution to your case that will help you to avoid a permeant criminal record and avoid spending time in jail.
Hit and Run Accident Examples
Not every hit-and-run accident will have the same outcome. The facts and circumstances of a hit-and-run crash will change from one case to the next, and a skilled lawyer will work out all of the details of your accident in order to develop a strategy that will achieve success in the courtroom. Here are two of the most common examples of a hit and run accident:
Example One
Leslie is checking her phone while driving, and she accidentally runs past a stop sign by failing to pay attention to the road in front of her. Leslie’s negligence leads to her crashing into Ben’s car while he was traveling legally through the intersection. Ben’s car is run off the road and hits a lamppost.
Leslie can see Ben through the window in her car, and he is still conscious and moving around inside of his car. In a moment of panic, Leslie decides to drive away from the location of the accident instead of getting out of her car to help Ben and fulfill her statutory duties under Florida law. Ben acts quickly and uses his phone to take photographs of Leslie’s car as she leaves the scene of the accident.
A few weeks later, Leslie thinks that she ran away from the accident without being seen. However, police officers arrive at her house to charge and arrest her for leaving the scene of the accident and failing to fulfill her statutory duties. The good news is that Ben did not suffer a serious injury, but Leslie will face the consequences of her actions by receiving a fine and possibly going to prison for a time.
In this case, a knowledgeable lawyer from The Law Place will offer their services to defend Leslie in the courtroom. They will work hard to reduce the charges and decrease the severity of the consequences for the hit-and-run accident. Furthermore, they will make sure that Leslie does not receive an unfair charge for her actions.
Example Two
Ann is driving around a lake that is usually occupied by pedestrians and cyclists in the neighborhood. In a single moment, Ann is distracted by a bird flying over the lake, and she collides with a cyclist. Ann starts to panic, and she thinks about all of the points that she has already accumulated on her driver’s license over the years. Ann is scared to lose her license, so she drives away without helping the injured cyclist and fails to fulfill her statutory duties under Florida law.
Ann believes that she managed to get away without being seen. The innocent cyclist, Chris, has been hospitalized to receive medical attention for the serious injury that he sustained as a result of the hit and run accident. The good news is that there were witnesses to the hit-and-run accident, and they gave testimonies to help in the search for Ann.
A few weeks later, Chris decides to file a personal injury claim against Ann for the hit and run accident in order to receive compensation for the injury and property damage that he had to endure as a result of her negligence. The judge and jury rule in Chris’ favor in the end.
Ann has to pay compensation for all of the injuries and property damage that Chris sustained in the hit-and-run accident now. Furthermore, she received a hefty fine for failing to fulfill her statutory duties and inflicting pain and suffering on an innocent cyclist.
Can I Be Charged if I Witnessed an Accident and Left the Scene?
If you saw a hit-and-run accident happen and decided to leave the scene, then you do not need to worry. You do not have a legal obligation to stay at the scene of an accident that you did not cause. However, it is right to stop when you witness an accident, especially if it happened in an empty parking lot or street.
If you witnessed another driver leave the scene of an accident, then you should use your phone to call 911 to help the person that they injured. In addition, you could be asked to testify in court or offer a witness statement of the accident later. However, you should not have to dramatically change your schedule for an accident that you did not cause, but your time and support could significantly help the life of an innocent person who was involved in a hit-and-run accident.
The Role of a Car Accident Lawyer
The car accident lawyers at The Law Place have the necessary experience and knowledge to defend against all types of hit and run accidents in the State of Florida. Our law firm knows that every case is different from the next, and we will offer you the support and guidance that you need in order to make the right decisions in regard to your accident.
Here are a few of the main responsibilities that we have:
- We will conduct an investigation into your case.
- We will gather and review all forms of evidence.
- We will speak to people who witnessed the accident.
- We will deal with the relevant paperwork.
- We will negotiate with the prosecutor in order to decrease the charges or call for a dismissal of the case.
- We will build a strong defense for your case.
- We will help you to avoid a criminal conviction.
Contact The Law Place Today!
If you or someone you know were involved in a hit-and-run accident, then you should seek legal counsel with a car accident lawyer now. It is a serious offense to leave the scene of an accident without fulfilling the necessary statutory duties under Florida law. If a driver flees the location of a crash, then they will most likely face a misdemeanor or possibly even a felony, depending on the severity of the case.
At The Law Place, we have over seventy-five years of combined experience when it comes to working on hit and run cases throughout the State of Florida. Our law firm has managed hundreds of hit and run accidents over the years, including ones that have resulted in property damage, bodily injury, or even death.
We have an in-depth understanding of the law surrounding hit-and-run cases, and we can guide you through the legal system with skill and efficiency in the State of Florida. If you choose us to represent your case, then we will conduct an investigation into the accident, collect facts and evidence, speak to law enforcement for more information, negotiate with insurance companies, contact people who witnessed the incident and develop a strong case. Rest assured that we will explore every possible option in an effort to achieve a reasonable outcome for your accident.
If you have questions or concerns in regard to a hit and run accident, then you should call our office now. A car accident lawyer will be ready to talk you through the process and answer all of your questions. They will also offer you legal advice during a free consultation to help you make the right decisions in regard to your case. Our phone lines are available twenty-four hours a day, seven days a week so that we can be there for you when you need to talk the most.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
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