In the last five years, there have been nearly 516,000 hit-and-run accidents in the state, resulting in over 1,250 fatalities. This makes Florida one of the worst states in terms of hit-and-run accidents.
As such, Florida takes hit-and-run accidents very seriously, and the consequences for those at fault can be significant. However, recourse for victims can be a bit more tricky, especially if the vehicle's driver has not been identified.
Keep reading to learn more about your options and recourse after you’ve been injured in a hit-and-run accident.
Legal Definition of Hit and Run In Florida
In Florida, a hit-and-run accident occurs when a driver is involved in a collision that results in property damage, injury, or death and leaves the scene without providing contact information or offering assistance.
If the accident only results in property damage, leaving the scene is considered a second-degree misdemeanor punishable by up to 60 days in jail, six months probation, and a $500 fine.
However, if the accident results in injury or death, the driver can be charged with a second—or third-degree felony. The penalties for such an offense include up to five years in prison or five years of probation, alongside a fine that may reach up to $5,000.
In addition to criminal penalties, Florida law stipulates mandatory driver’s license revocation for individuals convicted of leaving the scene of an accident involving injury or death.
What To Do After A Hit-and-Run Accident
Whether you were a pedestrian or driving a car when you were the victim of a hit-and-run, the process can be emotionally, physically, and financially damaging. While hit-and-run accidents can be more difficult to claim damages for, that doesn’t mean that it’s anywhere near impossible.
If you were involved in such a car accident, you call the police and file a report as soon as possible. If you’ve been injured, you should also seek medical attention as soon as possible. Make sure to keep thorough records of your medical treatment and any specific injuries you’ve suffered as a result of the accident.
Make sure to retain any photos, videos, or other documentation you may have taken of the scene of the accident as well. These can greatly affect your attorney’s ability to recover compensation for your injuries.
Reporting To Law Enforcement
Whether or not you were able to capture any identifying information, such as a license plate number, it’s still important to file a police report as soon as possible. This report can help you make your insurance claim and appeal.
Provide the police officer on-site with thorough information, such as:
- Description of the vehicle that caused the accident (color, make, model, and license plate number, if possible)
- The direction of travel and details of the accident
- Any injuries sustained you’ve sustained so they can be documented
- Eyewitnesses and their contact information
Request a copy of the police report for your records and provide it to your attorney as soon as possible.
Seeking Medical Attention
Even if you feel uninjured after a hit-and-run accident, you should seek professional medical help, as some injuries may not immediately appear.
They could be internal injuries, whiplash, or other complications that can only be determined by a medical examination. Keep records of your medical care, including bills and medical certificates, which may be helpful when claiming compensation.
Legal Rights And Options For Victims
As a victim, how you can legally proceed depends primarily on whether the at-fault driver is found and charged. If the driver is identified, you can file a civil claim for damages regardless of the outcome of the criminal proceedings.
The Aaron Cohen Life Protection Act
The state enacted the Aaron Cohen Life Protection Act 2014 to toughen Florida's laws against hit-and-runs. This law was named in honor of Aaron Cohen, a bicyclist who was killed in a hit-and-run accident in 2012. The driver who caused the accident was only sentenced to a light sentence because his intoxication level could not be accurately determined after he fled the scene.
The Aaron Cohen Life Protection Act toughens penalties for hit-and-run drivers and ensures they face the consequences commensurate with the harm they cause. Under this law, leaving the scene of an accident resulting in death is now a first-degree felony punishable by a minimum of four years in prison, as well as other penalties such as fines and driver's license suspension.
If you are the victim of a hit-and-run accident in Florida, be sure to seek the advice of experienced attorneys. They can help you navigate the complex legal process and fight for your deserved compensation.
Compensation And Damages
As a victim of a hit-and-run accident in Florida, you may be entitled to compensation for various damages, including:
- Medical expenses
- Lost wages
- Property damage
- Personal pain and suffering
- In some cases, other related damages
Despite passing the Aaron Cohen Life Protection Act in 2014, a 2015 Florida Supreme Court ruling in a hit-and-run case has made it more challenging to prosecute defendants, which could affect recoverable damages.
The court ruled that felony convictions require proof that the driver had “willfully” broken the law and was aware of what they were doing. This means that the state has to prove the driver had actual knowledge of the crash beyond a reasonable doubt.
This means that because the driver could potentially claim they had no knowledge they were in a crash, it is even more critical for victims to begin documenting the accident and injuries as soon as possible.
Filing An Insurance Claim After A Hit & Run
Florida has a no-fault auto insurance system, which means all drivers must have personal injury protection (PIP) insurance. If you're injured in a hit-and-run accident, you're generally required to file a claim with your insurance company under your PIP policy.
You must report the accident to your insurance company immediately and provide all necessary documentation to ensure a smooth claims process. A personal injury attorney helps guide you with this process step-by-step.
Uninsured Motorist Coverage
To protect yourself even better in hit-and-run accidents or where the driver at fault is uninsured, you should add uninsured motorist coverage to your insurance policy. This coverage will compensate you for your medical expenses, lost wages, and other damages that exceed your PIP coverage.
Consequences For Hit-and-Run Drivers
In Florida, hit-and-run drivers face criminal and administrative penalties and potential civil liability to compensate victims for their losses. Drivers must be aware of their responsibilities after an accident and the serious consequences they face if they fail to fulfill these obligations.
Criminal Penalties
In Florida, the legal consequences of a hit-and-run depend on the severity of the incident. If only property damage occurred, leaving the scene is considered a second-degree misdemeanor punishable by up to 60 days in jail, six months probation, and a $500 fine.
On the other hand, if the accident involves serious injury or death, the penalties are more severe. A driver who leaves the scene of an accident causing serious injury or death can be charged with a first-degree felony, punishable by a minimum of four years and a maximum of 30 years in prison and a $10,000 fine.
Administrative Penalties
In addition to criminal penalties, hit-and-run drivers in Florida may be subject to administrative penalties, such as revocation of their driver's license for at least three years. This revocation can be even more severe if the driver is also convicted of DUI manslaughter.
Civil Liability
As a victim of a hit-and-run accident in Florida, you have the right to seek compensation for your damages. You can seek civil damages, including medical expenses, lost wages, pain and suffering, and other losses related to the accident. Under certain circumstances, punitive damages may be assessed against the at-fault driver to deter future misconduct.
Hiring An Attorney After A Hit & Run
If you were injured in a hit-and-run accident, it’s critical to retain an experienced injury attorney as soon as possible so you can start building your case. Injury cases are already complex to navigate, but with the additional complexities involved with hit-and-run cases, having legal representation could make the difference between whether or not you receive compensation for your injuries.
Your attorney will ensure the incident and your injuries are properly documented, gather any important evidence to prove your claims, negotiate with insurance companies on your behalf, and defend your rights throughout the process. If necessary, your injury attorney can also facilitate communications with the police or the prosecuting attorney.
If you need legal representation after a hit-and-run accident, contact Weinstein Legal Team today to speak with an attorney about your case. Our personal injury attorneys work on a contingency fee basis, so you won’t pay any fees unless we win your case.
Click here to schedule a free case review with an attorney today, or give us a call at 888.626.1108 to get started now.
