Hit And Run Accidents: Florida Laws & Penalties

If you leave the scene of an accident, also called a hit-and-run, without completing the statutory duties required of you by Florida law, you will face serious consequences.

Our firm has extensive knowledge and experience in dealing with hit-and-run accidents in Port Charlotte and Englewood Florida. If you have been involved in a hit-and-run or have any questions regarding a hit-and-run involving death, bodily injury, or property damage please contact FGB Law Firm at (941) 979-9010 or complete our online form to schedule a free consultation today.

Florida law involving a car accident that has only involved property damage to someone else’s vehicle or personal property states that the driver must:

• The driver must stop their vehicle at the location or as close as possible to the scene of the accident.
• The driver must notify the owner of the motor vehicle or other personal property and give their name, address, and vehicle registration number.
• The driver must show their license to the other person when asked.
• The driver must provide their license, vehicle registration number, address, and other necessary information to the police officers at the scene of the accident.
• The driver must find the person who owns the vehicle or other personal property if they were not present at the accident. If they cannot find the owner, then they must write a note to alert them.
• The driver must notify the local police department of the accident as soon as possible.

The information provided above can be found in Florida Statute 316.061 and Florida Statute 316.063.

Florida law regarding a car accident that involves bodily injury or death states that a driver must:

• The driver must stop their car at the location or as close as possible to the scene of the accident.
• The driver must notify the owner of the motor vehicle or other personal property and give their name, address, and vehicle registration number.
• The driver must show their license to the other person when asked.
• The driver must provide their license, vehicle registration number, address, and other necessary information to the police officers at the scene of the accident.
• The driver must be willing to provide ‘reasonable assistance’ to the other person involved who was hurt in the accident. This may involve carrying the person or calling an ambulance so they can receive medical attention.
• The driver must notify the local police department of the accident as soon as possible, especially if the other person involved is not in the condition to receive the information above.

The information above can be found in Florida Statute 316.062 and Florida Statute 316.027.

In a courtroom, prosecutors must be able to prove the four following elements beyond a reasonable doubt:

1. The individual being accused of a hit-and-run is the same driver of the vehicle who was involved in the accident that resulted in property damage, personal injury, or the death of another person.
2. The driver involved in the hit-and-run was aware or should have known that they were involved in an accident.
3. The driver was aware or should have known that they caused property damage, injury, or death of another person.
4. The driver failed to stop at the location or as close as possible to the accident. They did not stay at the scene and provided their identifying information to the other person involved or a police officer, or they failed to render ‘reasonable assistance’ to the person who was hurt in the accident.

‘Identifying information’ refers to information such as the driver’s name, address, vehicle registration number, and driver’s permit or driver’s license.

It can be hard to find the driver of a hit-and-run accident which makes it difficult for victims to get the justice they deserve. When a driver gets into an accident and flees the scene it becomes a criminal investigation.

Drivers should never leave the scene of an accident. Hit-and-run drivers will often try to provide their own reasoning for doing so, including:

• Not having car insurance.
• The vehicle wasn’t registered or they were driving while on a suspended driver’s license.
• They were in the process of committing another crime or had an outstanding warrant.
• They do not have a driver’s license.
• They were scared of getting prosecuted.

Leaving the scene of an accident is a very serious crime that can have large consequences. The Florida State Legislature passed the Aaron Cohen Life Protection Act (Florida Statutes section 316.027) in 2014, which enacted harsher penalties for drivers who leave the scene of an accident. The act was passed in response to an incident in 2012 when Aaron Cohen, a 31-year-old bicyclist, was killed by a hit-and-run driver who was allegedly under the influence of alcohol.

A hit and run driver can face the following charges and penalties if the accident includes:

• Property Damage: Fleeing the scene of an accident that resulted in property damage is a second-degree misdemeanor and carries a sentence of up to 60 days in prison and a $500 fine.
• Injuries: A hit-and-run accident that causes an injury can be classified as either a second or third-degree felony, punishable by a revoked license for at least three years, up to five years in prison, and a $5,000 fine.
• Fatalities: It is a first-degree felony to flee the scene of an accident where a fatality is involved. Penalties include a revoked license for at least three years, a mandatory minimum of four years in prison, a maximum of 30 years in prison, and a $10,000 fine.

If a driver leaves the scene of an accident involving injury or death and was under the influence of alcohol or drugs they will be subject to a mandatory minimum prison term of 2 years. The driver will be subject to a mandatory driver’s license revocation for cases involving injury or death.

If you are in a vehicle accident, remain at the scene and call 911. It’s not just the law, it’s also the right thing to do — you may help save a life. While police and emergency crews work their way to the site, avoid getting in the way of traffic and other hazards that could make the situation worse.

If you’ve sustained an injury from a hit-and-run car accident or have sadly lost a loved one due to someone else’s negligence, our experienced personal injury lawyers can provide the legal support you need and help you receive the compensation you deserve.

Contact FGB Law Firm at (941) 979-9010 or use our online form to schedule a free consultation today.