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Leaving the scene of an accident is a crime in Florida better known as “hit and run.” The penalty for a conviction under this law can be quite severe, ranging from a serious fine to several decades in prison. To protect yourself from Florida’s hit and run laws, here’s what you’ll need to know:

What Is Considered Leaving the Scene of an Accident in Florida?

The Florida Statutes on Motor Vehicles define hit and run as the failure of a driver to remain at the site of a vehicle crash and fulfill other statutory duties when the crash involves property damage, bodily injury, or death. 

There are two main takeaways from this definition: Not only do you have to remain at the scene of the accident, you must also fulfill other duties.

What Is One Required to Do after an Accident?

The duties required of you after a motor vehicle accident in the state of Florida vary depending whether somebody was injured. If nobody were injured, the duties are slightly more relaxed. However, one constant no matter what happened in the accident is that you must immediately stop your vehicle in a way that does not block traffic.

For Accidents with Property Damage 

The moment you notice you were in an accident, stop the vehicle. If you do not notice you were in an accident until you’ve left the scene, return to the scene of the accident immediately.

After pulling over, initiate conversation with the operator or owner of the other vehicle. If nobody is operating the other vehicle (for example, if you crash into a parked car), you must attempt to find the owner of the vehicle. If you cannot find them, add all of the necessary information to a written note and affix it in an obvious, easily visible location on the vehicle.

You must provide all of the following information to the owner or operator of the vehicle that you damaged:

• Your driver license.
• Your vehicle registration.
• Your home address.
• Any other information that police officers request.

For Accidents with Bodily Injury

Accidents involving bodily injury are treated more severely, as somebody’s life may be at stake. Because of that, your duties will be slightly different. Of course, the process still starts with you parking your vehicle at (or as close as safely possible to) the scene of the accident.

Next, provide all of the following information to the owner or operator of the other vehicle:

• Your driver license.
• Your vehicle registration.
• Your home address.
• Any other information that police officers request.

If the owner or operator of the other vehicle is not in a condition to receive that information (e.g., they are unconscious), you must provide all of that information to the police.

If it appears that first aid is required, you must render “reasonable assistance.” Since not everybody is a doctor, it can be difficult to tell whether first aid is necessary. So, to avoid a charge for failing to render aid, always call 911 after an accident involving any level of bodily injury.

You must also either make arrangements for any injured person (or anybody who asks) to be taken to receive emergency medical treatment or take them yourself.

Penalties for Leaving the Scene of an Accident in Florida 

The penalties for leaving the scene of an accident in Florida are quite steep, ranging from a misdemeanor to a high-level felony. This range is to account for the difference in severity between the three kinds of hit and run circumstances.

Involving Injury

If somebody is injured in a car accident and you commit a hit and run, that is a third degree felony. The penalties therefor are:

• Up to 5 years in prison.
• Up to 5 years probation.
• Up to $5,000 in fines.

Accident Involving Death

If somebody is killed in a car accident and you commit a hit and run, that is a first degree felony. The penalties therefor are:

• Up to 30 years in prison.
• Up to $10,000 in fines.

Accident Involving Property Damage

As the least severe circumstance of the three, hit and runs from accidents resulting solely in property damage are only second degree misdemeanors. However, this is still nothing to balk at. The penalties for this crime are as follows:

• Up to 60 days in jail.
• Up to $500 in fines.

Defences for Leaving the Scene of an Accident

There are a few common defences that help drivers get their charges dismissed after leaving the scene of an accident in Florida. Here they are:

Disputes as to the Identity of the Driver

This defence states that there is no way to determine who the other driver was and therefore you did not know who to give your information to. An example of when this defence might apply is if the other driver also committed a hit and run or if multiple people both claim to have been the driver of the other vehicle.

Lack of Knowledge That a Crash Occurred

This defence states that you did not know you had been in a car accident. For example, you may have not felt the impact against your vehicle and may not have seen the damage until you got out of your vehicle at your destination. As long as you contact the authorities the moment you discover the damage, this defence may get your charges dismissed.

Lack of Knowledge That an Impact Occurred with Persons or Property

This defence states that you did not know that you had been in a car accident involving other people or their property. Maybe you knew that you hit something but were incapable of determining what it was that you hit. If, after taking due time to figure it out, you were still not aware that you hit somebody or their property, this might be a valid defence for you.

The Failure to Stop Was Not Willful but Was Dictated by Circumstances

This defence states that circumstances out of your control forced you to continue driving. Examples of this could be the road being on fire, an active shooter scenario, or hazardous weather conditions. If it would be unsafe to stop the vehicle at the scene of the accident, you can continue driving. 

However, you must stop as soon as it is safe to do so and alert the police that an accident has occurred.

The Defendant Stopped as Close as Possible to the Site of the Accident

This defence states that, although you did not stop at the scene of the accident, you did stop as close to the scene of the accident as possible. This is particularly relevant when the accident takes place on a hill or slope and your vehicle’s brakes have been damaged, forcing you to stop at the bottom of the slope.

The Other Driver Refused to Receive Identifying Information

This defence states that you attempted to fulfill all of your statutory obligations but the owner or driver of the other vehicle refused to accept your information and that, therefore, it would not be your fault and thus you should not be found guilty.

The Other Driver Became Belligerent, Necessitating That the Defendant Leave the Scene to Call Police

This defence states that the other driver created a dangerous situation, forcing you to leave. This is particularly common in accidents resulting in road rage. If the other driver begins hitting your vehicle or threatening you, you are allowed to take your vehicle and seek safety.

The Assistance Rendered Was ‘Reasonable’ Within the Meaning of the Statute

This defence states that the assistance that you provided should be considered “reasonable” by the court even if the arresting officer did not think so. This can be a hard case to win, but is not impossible.

Hire an Attorney Through Appwinit.Com to Fight Your Hit and Run Case

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