Whether you are a driver or passenger, being involved in a hit and run accident can be a jarring and frightening experience. If you have been injured or have lost a loved one in an accident, you may feel powerless, but there are steps you can take to help you and your family find justice and get the compensation you deserve.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 25% of all crashes in Florida involve someone fleeing the scene of the accident. Although most hit and run accidents solely result in loss or damage to property, these types of car crashes can have deadly consequences.
Fleeing the scene of an accident escalates a situation that will normally result in a civil traffic citation into one involving serious criminal charges. Under Florida Statute 316.061, it is a crime for a driver to damage another party’s vehicle or property and willfully leave the scene without providing certain information to the owner of the other vehicle or property.
Under Florida law, if an accident causes damage to another vehicle or object, the driver that caused the damage has certain legal obligations. They must:
If the injured person is unable to obtain the information specified above, the driver responsible for the crash must report the accident to the nearest police department or face a potential hit and run penalty. In accidents resulting in injury or death where it is obvious that medical attention is necessary or is requested by the injured party, the driver who caused the accident has an obligation to render “reasonable assistance,” which includes transporting or making arrangements for the injured person to be transported to an emergency room or health care provider.
Leaving the scene of an accident is a serious crime that can have grave consequences. In 2012, Aaron Cohen, a 31-year-old Miami bicyclist was killed by a hit and run driver who was allegedly under the influence of alcohol. The Florida State Legislature responded by passing 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.
A hit and run driver may face the following charges and penalties if the accident includes:
If you are involved in a car crash or other vehicle accident, stay at the scene and call 911. It’s not just the law, it’s also the right thing to do — you may save a life. Avoid obstructing traffic and remain clear of the highway while police and emergency responders make their way to the scene.
In some cases, a driver can cause an accident even if their vehicle never makes contact with another vehicle. For instance, pulling out in front of another driver and causing them to swerve into an obstruction is a classic instance of an accident involving a “phantom vehicle.” Under Florida law, these situations may fall under the category of hit and run accidents provided certain criteria can be established:
All three criteria must be established for a phantom vehicle’s driver to be charged with a hit and run. This is often difficult to prove, however. Most phantom hit and run cases (or “miss and run,” as it’s sometimes called) require victims to seek reimbursement for damages from their own auto insurance.
If you’ve sustained hit and run car accident injuries or have lost a loved one due to someone else’s negligence, our experienced hit and run lawyers can provide the legal support you need and help you receive the compensation you deserve. To schedule a free consultation, contact the Lowman Law Firm at 352-888-4484 or 866-9-LOWMAN.