Hit-and-Run 101: Staying Informed for a Safer Road Ahead
Hit-and-runs in Florida have become a pressing issue, with a significant rise in the number of incidents in recent years. To put it in perspective, according to Florida Highway Safety and Motor Vehicles’ crash dashboard, between 2015-2023, 623,238 hit-and-run crashes resulted in 1,545 fatalities. As for 2024, there have already been 26,379 reported hit-and-runs that resulted in eighty fatalities.
These reckless actions not only inflict devastating physical and emotional harm upon victims but also demonstrate a serious disregard for the law. They also commonly result in property damage and personal injury, leaving victims to confront the difficult emotional and financial repercussions.
The Consequences of Hit and Runs
A hit-and-run accident is when an illegal driving maneuver where one vehicle hits another vehicle, pedestrian, or fixed object and then leaves the scene without stopping to identify themselves or contacting the police.
Beyond simply not stopping and leaving the scene, a hit-and-run is also committed if the driver refuses to share their vehicle and insurance information with the other motorist. If a driver did commit a hit-and-run, they have ten days to report the accident to law enforcement and the statute of limitations for a hit-and-run is four years, if a death was involved it goes down to two.
Under Florida law, hit-and-run penalties include:
- If property damage is involved, leaving the scene is classified as a second-degree misdemeanor, conviction can lead to 60 days in jail and a $500 fine.
- If the other party is injured, it will then be considered a second or third-degree felony to flee the scene, conviction can lead to the driver losing their license for at least three years, up to five years in prison, and a $5,000 fine.
- In the event of death, drivers who flee will face a first-degree felony with a mandatory minimum of four years with the potential of 30 years in prison and a $10,000 fine.
- If the driver was under the influence of any intoxicating substance, there is a minimum prison sentence of 2 years, and their license will be revoked.
The hit-and-run penalties apply when the driver is found. If the driver remains unidentified or unlocated, victims can still claim financial compensation for personal injury or property damage with their insurance company. Three types of auto insurance coverage that can help are:
- Personal injury protection (PIP)
- Uninsured motorist coverage
- Collision coverage
These policies must be in place prior to the incident and claims should be filled as soon as possible to help ensure proper compensation. If the victim has health insurance, that can help cover the costs of minor injuries and medical bills.
What To Do as a Victim
It can be very difficult to handle a hit-and-run accident. The fleeing driver could face criminal charges, but that does not immediately help the victim. In Florida, it is important to stay calm and take the following steps:
Call Emergency Responders
Whether it is the police, EMTs, or fire department, contacting fire responders is essential not only for the victim’s well-being but also for getting the needed reports and records to verify their case.
Gather Photo and Video Evidence
Any visual evidence, such as photos or videos, can significantly strengthen a hit-and-run case, especially if there is evidence of the person fleeing or their license plate. Whether it is photographs, dash cam footage, or traffic camera footage, this hard evidence will help prove the severity of the accident and potentially help identify the driver.
Physical Evidence
Beyond visual evidence, there is also a variety of physical evidence that can aid in demonstrating the extent of damage. This evidence can consist of any personal belongings destroyed in the accident, skid marks on the road, paint scuffs, or debris from the accident.
Witness Testimonies
Gathering witness information is crucial for obtaining evidence in a hit-and-run case. Witnesses can provide valuable testimonies and their recollection of the incident can be more reliable than that of the plaintiff. Having their contact information allows attorneys to depose them or have them testify at trial, making the process easier.
Accident, Medical and Financial Records
To help prove severity and injury, medical and accident records are vital. Showing medical bills and doctor testimony will help prove injuries and court while accident records will help prove how bad the auto damage was. In addition, victims should bring in financial evidence to prove how the hit-and-run affected their livelihood, this can be medical bills or proof of lost wages.
Seek Legal Help
Our team at Gechtman Law has extensive experience in handling hit-and-run cases and will work tirelessly to ensure you receive the justice and compensation you deserve. Contact us today at (305) 222-7836.