Leaving The Scene After A Florida Motor Vehicle Accident
In Florida, when a motor vehicle accident occurs, drivers are required to remain at the accident scene. After an accident, a driver is expected to stop their vehicle and exchange necessary information with the other driver. Unfortunately, some motorists do not remain at the accident scene since hit and run cases are quite common.
Therefore, if a driver flees the scene of a motor vehicle accident, can they be charged with a criminal offense? And if the other driver flees from the accident scene, how will your personal injury claim be affected?
Defining “Leaving the Scene of an Accident”
When you say a driver left the scene of an accident, you mean that they failed to stop their vehicle after an accident. According to Florida Statute 316.027, a driver involved in an accident resulting in serious bodily injury is required to stop their car at the accident scene or as close to the scene as possible. They are required to remain at the scene until they have rendered aid and exchanged necessary information with the other party involved in the accident. Also, a driver involved in such an accident must call the police.
Is Leaving the Scene of an Accident a Crime in Florida?
Yes, leaving the scene of an accident is a crime in Florida. For example, under Florida law, when a driver leaves the scene of an accident after getting involved in a crash that results in serious bodily injury to a person, they commit a felony of the second degree. Such a crime is punishable by up to fifteen years in prison or probation and a fine of up to $10,000.
How a Driver Fleeing From the Accident Scene Can Affect Your Personal Injury Case
After suffering a severe injury because of another driver’s negligence, the at-fault party’s insurance company is the one usually supposed to compensate you for damages suffered. However, getting the at-fault party’s insurance company to pay you might be challenging if you were in a hit-and-run accident. First of all, tracking the other driver and getting their insurance information might be difficult. Secondly, even if the driver is tracked down, the chances are, they don’t have insurance or have insufficient insurance. Often, drivers leave the scene of an accident because they don’t have insurance or have inadequate insurance.
Legal Recourse for Hit and Run Victims
Fortunately, there are legal options for hit and run victims. If you were in a Florida accident where the other driver fled the accident scene, you should reach out to a car accident attorney to find out your legal options. But, generally, in Florida, hit and run victims have two major legal options if it proves impossible to recover compensation from a driver that fled the accident scene. These options are;
- No-fault insurance coverage, and
- Uninsured and underinsured motorist coverage.
Legal Help Is Available
If you were in a Florida motor vehicle accident where the other driver left the accident scene, contact one of our Miami personal injury attorneys at The Pendas Law Firm. We can advise you on your legal options and help you recover compensation.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Jacksonville, Tampa, Orlando, Ocala, Fort Myers, Bradenton, West Palm Beach, and Daytona Beach areas.
Resource:
m.flsenate.gov/statutes/627.727
