If you’re involved in a car accident, NEVER leave the scene before police arrive.
An estimated 1 in every 4 motor vehicle accidents in Florida are hit and run, which is when one of the drivers flees the scene of the accident instead of taking responsibility or calling 911.
Although most hit and run crashes only cause property damage, some can be deadly. Unfortunately, many of the victims of hit and run crashes are pedestrians, and they are also often seriously injured or killed.
Also important to realize is that leaving the scene of an accident is illegal under Florida law.
Penalties for Leaving the Scene
Drivers involved in a car accident in Florida should never leave the scene for several reasons. For starters, you don’t know if someone is hurt and needs help. Staying at the scene and calling 911 if needed can save someone’s life.
Second is the fact that leaving the scene before help has arrived can lead to criminal charges. The law is unforgiving when it comes to charges following a hit and run car accident. If the driver flees the scene, a criminal investigation will begin. If the driver is caught, the penalties are severe.
Punishments for a Hit and Run in Florida
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Penalties for hit and run drives were changed on July of 2014 when the Aaron Cohen Life Protection Act was signed in Florida law. The statute is named after a 31-year-old cyclist, husband and father of two, who was struck and killed by a drunk driver who fled the scene of the accident in February 2012. The driver was caught and sentenced to two years in prison, a lesser sentence than what he would have served if he had been sentenced on a DUI manslaughter charge. The Act requires any driver convicted of leaving a crash scene that resulted in a fatality to serve a minimum of 4 years in prison.
For accidents involving injury to the victim, the driver can be charged with a felony in the third degree. The penalty for this could result in time in prison or probation, plus a $5,000 fine. An accident that results in the death of the victim is a first-degree felony and could result in as many as 30 years in prison, plus a $10,000 fine.
For drivers who are under the influence of an intoxicating substance, the mandatory minimum sentence is two years in prison. Driver’s licenses may also be revoked in any case where the perpetrator left the scene.
What to Do If You’re the Victim of a Hit and Run
If you are seriously injured a hit and run, you may not be able to do much aside from wait for first responders. However, if you weren’t seriously injured, there are several steps you can take right away:
- If you are the victim of a hit and run accident, the first thing you should do is check your entire body for injuries and to call an ambulance and the police. If you are unable to make these calls, ask a witness to do so for you.
- If you are sufficiently uninjured to do so, tell the police as much as you an about the accident. They will be especially interested in the make, model and color of the vehicle that hit you. If you can, give them a description of the driver and the license plate information. Any details at all should be conveyed to the officers to give them the best opportunity to find the driver who hit you.
- Talk to any eyewitnesses, whether other drivers or bystanders. If it happens in a neighborhood or shopping center, go to the residences or shops and find out if anyone saw anything — or better yet, if they have cameras that may have caught the incident on tape.
- Take pictures of any relevant information, especially vehicle damage.
Florida is a no-fault insurance state, which means that paying for monetary losses related to an accident is generally the task of your insurance company with personal injury protection insurance. In other words, the procedure is much the same whether the causing driver leaves the scene or not.
According to Florida law, all drivers involved in an accident are required to stop and wait for law enforcement, even if they are not responsible for causing the crash. If the driver is located, their insurance should pay for your medical bills and any damages to your property. However, even if the driver is not located, you may be able to obtain compensation from your insurance company through the uninsured/underinsured motorist laws in Florida.
Although Florida automobile insurance policies offer coverage for uninsured or underinsured drivers, your insurance company may try to pay as little as possible following an accident. It is important for you to completely understand your insurance policy to know what your rights are. Before discussing anything with your adjustor, it is very important to discuss your situation with a skilled personal injury attorney.
What Happens When Drivers Leave the Scene?
Unfortunately, when drivers leave the scene of an accident, they can be difficult to track down. The other unfortunate aspect for the victims is that it’s also difficult to get any money for the incident. Whenever a driver leaves the scene of a car accident, it becomes a criminal investigation.
Drivers leave the scene of the accident for many reasons, including:
- They don’t have car insurance.
- They’re driving an unregistered vehicle or on a suspended license.
- They were in the process of committing another crime or have an outstanding warrant.
- They don’t have a driver’s license.
- They’re afraid of deportation or criminal action.
Legal Recourse for Hit and Run Victims
Unfortunately, when drivers leave the scene of an accident, they can be difficult to track down. The other unfortunate aspect for the victims is that it’s also difficult to get any money for the incident. Whenever a driver leaves the scene of a car accident, it becomes a criminal investigation.
Drivers leave the scene of the accident for many reasons, including:
- They don’t have car insurance.
- They’re driving an unregistered vehicle or on a suspended license.
- They were in the process of committing another crime or have an outstanding warrant.
- They don’t have a driver’s license.
They’re afraid of deportation or criminal action.
Legal Recourse for Hit and Run Victims
Leaving the scene of a car accident is a crime, so your only legal recourse as a victim is if the at-fault driver is found and charged. If possible, the first step to take at the scene is to call the police. It’s best to wait on calling your insurance company until after you have calmed down and can give them statements that won’t jeopardize your claim. If the driver is found, it’s best to hire a personal injury lawyer if you are intent on getting monetary compensation from them.
A good auto accident attorney will analyze your situation in order to build a strong case. He or she will also negotiate with your insurance company as well as fight for you in court if it comes to that. If you are the victim of a hit and run car accident, contact an experienced personal injury lawyer to help you recover your costs and obtain the compensation you deserve.
