Hit and Run Accident
It is a major occurrence in Florida when a major accident occurs on the accident scene and the driver performs a hit and run. According to state law, you cannot leave the scene of the accident, even if it is a minor one. You must exchange contact information with all parties involved and document the scene of the accident. If someone requires medical assistance, you must arrange the necessary process by notifying the appropriate services. The participant of the accident, who independently left the scene of the incident, can be charged with criminal and administrative penalties. It is not advisable to leave the scene of the accident until you have resolved all of the issues. You may need the help of a Florida hit-and-run attorney to determine your next steps in both pretrial and trial proceedings.
Florida Hit-&-Run Accident Lawyer
If you have committed a hit and run, the legal authorities can file a criminal case against you and declare you guilty of a felony. Sometimes this accident can have objective characteristics, and only with the help of an attorney can you reduce the risks of adverse consequences. An experienced lawyer will be able to present your point of view in order to minimize the negative consequences of the Florida police officers. By obtaining run charges, you automatically become a party to a felony, even if no material or moral consequences were recorded for each of the participants in the accident scene. The police officers and prosecutor are acting within the law when they accuse you of a hit-and-run accident, but you can always rely on the help and protection of a Florida hit and run accident lawyer. There is no way out, even if you have been wrongfully accused of committing a felony with minor material and moral damages for everyone involved. Your attorney will strategize with Florida’s competent authorities and you will have a strong legal defense.
Have You Been The Victim of a Hit and Run?
In a hit-and-run accident, the most difficult situation will be for the victim, because it will take time to find the perpetrator and charge them with fleeing the scene. If possible, remember the license plate, color, and make of the car/motorcycle. You can also take photos of the scene of the accident. Photos and videos are considered physical evidence of what transpired at the scene of the accident in Florida. It will take time to find the person responsible for the hit-and-run accident. It is not uncommon for situations where the culprit cannot be found. In this case, your insurance will help you cover all costs incurred. It is recommended to get advice from a professional attorney to calculate the compensation payments correctly.
Have You Been Injured in a Hit-and-Run Accident?
If you have been in a hit-and-run accident and do not think you should expect fair compensation, don’t give up. Call 911 and wait for a traffic officer to arrive. If possible, document the accident scene with video or photos. You will also need to see a doctor within 14 days to record your injuries and general health. You will then be able to get reimbursed for your medical bills. After that, it is recommended that you contact a hit-and-run accident lawyer in Florida, who will advise your next steps and become your representative on the case with the insurance companies and the court panel. Your initial actions after the incident are as follows.
- Do not attempt to pursue the likely hit-and-run perpetrator.
- Report the incident to 911. However, if you do decide to exchange information with others involved in the incident, you must turn over information about the accident to the police within 10 calendar days.
- Get medical attention by seeing a doctor within 14 days of the accident.
- Gather any evidence in the case. You can use photos, videos, witness statements, or other evidence.
- Inform your insurance company that you have a hit-and-run case.
- Contact a Florida hit-and-run accident lawyer right away and get advice on how to proceed.
Florida Law Regarding Hit-and-Run Accidents
In 2014, a new law was enacted across the state to regulate the penalties and liability for hit-and-run accidents. Section 316.027, Florida Statutes, was enacted as such laws. Section 316.061 also governs the penalty for those responsible for the incident. The law was called the Aaron Cohen Act, a bicyclist and father of two who was struck by an alcoholic driver and fled the scene. Under this law, the driver was sentenced to 2 years, which is considered a negligible amount of time. Since then, all laws related to this type of car accident have been tightened.
Penalties for a Hit-and-Run Charge in Florida
The penalties for those who commit a hit-and-run charge in Florida are severe. If the person involved left the scene of the incident, it would be a felony, regardless of the nature of the damage to the vehicle.
- The incident is considered a 2nd degree misdemeanor in Florida. Penalties include a $500 fine, two months’ imprisonment. The punishment can be imposed alone or in combination – it all depends on which county the accident occurred in.
- If the person involved in the incident was injured, the perpetrator will be subject to a $5,000 fine and up to 5 years in prison. The punishment can be used alone or in combination.
- The death of a person is a serious misdemeanor in Florida. Under the law, the perpetrator faces up to 30 years in prison and a $100,000 fine. The punishment can be single or cumulative.
The criminal penalty and large fine can be reduced if you gather the necessary evidence, which an experienced lawyer can help you do.
Common Causes of Hit-and-Run Car Accidents
If a driver is involved in a hit-and-run accident, he commits a criminal offense. The practice of lawyers and court cases shows that the main reasons, which prompted to commit a hit-and-run, and at the same time escape, are:
- Lack of driver’s license to operate a vehicle;
- Lack of insurance for the operator of the car or other vehicle;
- Driving an unregistered vehicle;
- Being under the influence of alcohol or drugs;
- Driving a stolen vehicle.
By leaving the scene of the accident, the driver hopes to avoid criminal and administrative penalties. Police take every effort in finding the guilty person, but very often it is not possible to find the driver. Therefore, the victim and others involved in the incident should have evidence of what happened. If you are having trouble gathering evidence to prove the guilt of the other party to the accident, seek the help of an experienced attorney.
Hit-And-Run Accident FAQ
What is the right way to handle a hit-and-run accident? Our lawyers answer your questions and give you a comprehensive answer. If you can’t find the answer you’re looking for, we will be happy to counsel you free of charge.
Why do Drivers Leave The Scene of a Car Accident?
The reasons vary, but the most common reasons are drivers without a license and those without insurance leave the scene of an accident. In addition, drivers of stolen vehicles also leave the scene of an accident. Drivers who were under the influence of alcohol or drugs very often leave the scene of the incident. To gather evidence about the incident, contact our attorney for advice.
What do I do After a Hit-And-Run Accident?
After a hit-and-run accident, do not try to pursue the person responsible for the accident, because there may be serious consequences for you. Let the police handle the search for the culprit. If you have a minor accident, exchange contact information with other witnesses or participants in the incident, specify the make and color of the car. Record the place of the accident with a photo, video. Then you need to report the incident within 10 days to the state Department of Traffic Police. But if the accident is severe, report the incident to 911 and wait for a police officer. Remember to tell your insurance company about the accident and get help from your lawyer on how to proceed.
How Common Are Hit-and-Run Accidents?
Year after year, the state records consistent hit-and-run statistics; approximately 25% of all traffic incidents. So between 2015 and 2020, there were 600,185 incidents in which 1,298 people were killed. The horrifying pattern continues to grow today. If your relative has been the victim of a hit-and-run by another driver, seek the help of an accident lawyer to help draft a lawsuit and prepare evidence for the case.
Is a Hit and Run Covered by Insurance?
If the driver who hit you is found, he or she will be held criminally and administratively responsible. All you have to do is prove his or her guilt, and an attorney will help you present the necessary supporting facts in your claim. All drivers in the state must exercise reasonable care. If the driver is found to be negligent, he or she will incur the cost of his or her insurance. However, if the person responsible for the accident is not found, the insurance costs will be on your record. So your insurer will reimburse 80% of all medical expenses and 60% of the amount for loss of work. The standard coverage scheme on the part of the at-fault driver is taken into account with their PIP insurance. The minimum coverage under this policy is $10,000.
How do I recover damages after a hit and run?
To get compensation, you need to prove that the at-fault driver committed the hit and run and left the scene of the accident. The evidence must be objective. After a police officer is called, a report is prepared that records the details of the incident. Then the police officers begin a search for the perpetrator of the incident. Criminal liability in this case will be for the person who left the accident, but the amount of compensation payments will depend on the degree of recognition of guilt of each participant in the incident. If your fault is 0%, you will receive the full amount of compensation, such as $190,000. However, if your fault is 45%, your compensation will only be $55,000. But if your fault is more than 50%, the amount of compensation will be $0. We recommend that you get an explanation of the amount of damages from our attorney. There is also a pre-trial settlement scheme, and if settlement is not possible, a lawsuit will be filed in a court panel.
What Is the Difference between Leaving the Scene and a Hit-and-Run Accident?
It is customary in the practice of hit-and-run accident lawyers to separate the two concepts of leaving the scene of an accident and the facts of a hit-and-run accident. If the drivers committed a hit-and-run, executed an agreement at the scene of the incident, and left the scene of the accident, it is considered a runaway. It is important in this case that both parties can then settle their dispute in pre-trial proceedings. In addition, the state Department of Highway Safety must be notified of the incident within 10 days. There will be no criminal penalties if the parties have met all of the conditions. A hit-and-run from the scene of the accident involves the liability of the perpetrator who left the accident without good reason. If so, the offender is subject to state criminal and civil penalties.
Legal Help for Hit-and-Run Victims
Victims of hit-and-run accidents do not know how to proceed. On the one hand, the at-fault driver has left the scene of the accident, and on the other hand, there are signs of an accident. It is forbidden by law to prosecute the person responsible for the accident, as this is the prerogative of the traffic police. In this situation, you should contact a Florida hit-and-run attorney who will explain your next course of action. If possible, try to gather some evidence of the incident at the scene of the car accident, such as taking photos or video of the accident scene.
Pedestrians & Bicyclists Injured In Hit-and-Run Crashes
Pedestrians and bicyclists are considered some of the most vulnerable road users. While these two categories are not required to have automobile insurance, it is still recommended that they have life insurance in case of emergencies. In addition, a cyclist is advised to always have a helmet on his or her head to avoid severe health consequences. To make the right claim for the incident, seek the advice of a professional. A specialist will help not only to prepare a claim, but also to collect evidence and conduct an examination of the circumstances of the accident.
Do I need a lawyer?
As practice shows, the victims do not use the services of a specialized attorney, and because of that, not only do they lose financially, but they also make their lives worse in the future. Below is a hypothetical situation where a person goes to an experienced lawyer.
The injured pedestrian did the calculations on his own and told the insurance company the amount of $45,000, and the perpetrator of the car accident $76,000. The insurance companies agreed to pay this amount, but the injured party failed to take some things into account. The victim claimed only medical expenses in the lawsuit, but he was undergoing rehabilitation for a long time. The victim’s relatives recommended that the victim seek a professional attorney, who examined the case in detail and found that the car accident victim had not claimed compensation for loss of employment, as well as for suffering, pain, and other non-economic damages. Taken together, it was proven that the victim was entitled to receive $540,000 in compensation. The amount turned out to be really big for the insurer and the at-fault party, who refused to pay the damages. There was a trial, where they were able to prove that the injured party was entitled to that compensation. In addition, the judge levied an additional $25,000 fine because the insurance companies had misled the accident victim. In the end, the victim was awarded $565,000 instead of $121,000.
Get a Free Consultation
Car accidents leave an unpleasant residue in the lives of everyone involved. Some feel that they should be held fully responsible for the collision, while others choose to hide from the scene of the crime, hoping that they will never be found. If you are a victim of an accident involving a hit-and-run driver, or if you yourself once left the scene of the accident and now need to protect your interests, contact our lawyer and get free, detailed advice on how to proceed.
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