Florida has one of the highest rates of hit-and-run accidents in the United States, with thousands of incidents reported annually. These numbers highlight a serious issue that impacts countless families and individuals across the state.
At Zweben Law Group, we understand how overwhelming these situations can be. With over 25 years of experience handling personal injury cases, including hit-and-run accidents, we’re here to help you understand the legal consequences and your rights.
Let’s break down Florida’s hit-and-run laws, what they mean for drivers, and what you should do if you’re involved in or affected by such an incident.
Hit and Run Under Florida Law
A hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to fulfill their legal obligations. Under Florida law, these obligations include:
- Stopping immediately at or near the scene.
- Providing personal information, such as their name, address, and vehicle registration.
- Rendering reasonable aid to anyone injured, including calling for medical assistance if necessary.
Failing to meet these requirements can lead to serious legal consequences, even if the accident only caused property damage.
Legal Obligations of a Driver
In Florida, the law is clear: if you’re involved in an accident, you must stop and provide assistance. Drivers are also required to notify law enforcement if there’s significant property damage, injury, or death. Ignoring these duties can turn a minor situation into a major legal problem.
Felony vs. Misdemeanor: Understanding the Differences
Hit-and-run offenses in Florida can either be classified as misdemeanors or felonies, depending on the circumstances. Here’s what you need to know:
Degrees of Severity
- Misdemeanor: If the accident involves only property damage, it’s generally considered a second-degree misdemeanor. While less severe than a felony, the penalties can still be significant.
- Felony: Hit-and-run incidents involving injuries or fatalities are classified as felonies, with much harsher consequences.
Factors That Determine Severity
The seriousness of a hit-and-run offense in Florida hinges on several key factors. These elements help determine whether the incident is treated as a misdemeanor or a felony. Let’s take a closer look at the aspects that influence the severity of the charges:
- Property Damage: If the accident damages someone else’s property and the driver flees, it’s a misdemeanor offense. However, repeat offenses or failing to report substantial damage can escalate the situation.
- Injuries: Leaving the scene of an accident involving injuries elevates the charge to a third-degree felony. This includes both physical harm to others and situations where medical aid was clearly needed but ignored.
- Fatalities: If someone is killed in a hit-and-run, it’s considered a first-degree felony. This is among the most severe offenses under Florida law.
- Avoiding Arrest: Leaving the scene to avoid arrest, such as hiding evidence of DUI, can increase the severity of the charges.
- Prior Convictions: A history of hit-and-run offenses can result in harsher penalties.
Penalties for Hit and Run
Florida’s penalties for hit-and-run offenses vary widely depending on the severity of the incident. Here’s a closer look:
Fines
- Property damage: Up to $500 for a misdemeanor offense.
- Injuries: Fines can range from $5,000 to $10,000.
- Fatalities: Significant fines exceeding $10,000.
Jail Time
- Property damage: Up to 60 days in jail.
- Injuries: Up to 5 years in prison for a third-degree felony.
- Fatalities: Up to 30 years in prison for a first-degree felony.
License Suspension/Revocation
- Drivers involved in a hit-and-run may face suspension or revocation of their license, often for several years.
Other Penalties
- Restitution: Offenders may be required to compensate victims for damages or medical costs.
- Community Service: Courts may mandate community service hours.
- Mandatory DUI School: If alcohol or drugs were involved, offenders may need to attend DUI school.
Leaving the Scene of an Accident with Injuries
Leaving the scene of an accident that resulted in injuries is a serious crime under Florida law. The severity of penalties depends on the harm caused.
Increased Severity
Even minor injuries elevate the offense to a felony. The law views the act of fleeing as a disregard for the well-being of others.
Penalties
- Fines: Up to $10,000.
- Jail Time: Up to 5 years in prison.
- Additional Consequences: Restitution and community service may be required.
Leaving the Scene of an Accident with Fatalities
When a hit-and-run results in a fatality, the consequences are among the harshest in Florida law.
Serious Felony
This is classified as a first-degree felony, reflecting the gravity of the crime.
Penalties
- Prison Time: Up to 30 years.
- Fines: Exceeding $10,000.
- Permanent License Revocation: In some cases, offenders lose their driving privileges for life.
What to Do After a Hit and Run
Being involved in a hit-and-run can be an overwhelming experience. Here’s what to do:
- Prioritize Safety: Move to a safe location and check for injuries.
- Gather Information: Write down the vehicle’s description, license plate number, and witness accounts if possible.
- Contact the Police: Report the accident immediately.
- Seek Medical Attention: Even minor injuries can worsen over time.
- Contact an Attorney: Legal guidance can help protect your rights and pursue compensation.
Were You Injured in a Hit and Run? Zweben Law Group Can Help!
If you or someone you know has been affected by a hit-and-run accident, we’re here to help. With decades of experience handling these cases, Zweben Law Group is dedicated to securing the compensation you deserve.
Contact us today for a free consultation. Call us at (772)-223-5454, email us at gene@zwebenlawgroup.com, or visit our website. Remember, there are no fees unless we win your case. Let us help you move forward.