When a driver leaves the accident scene without sharing their identifying information or checking if anyone is hurt, Florida law treats that conduct as a serious criminal offense. Below, this car accident attorney in Zephyrhills, Florida is going to explain what that could mean for your case.
Florida’s hit-and-run laws and legal obligations
Under Florida Statutes sections 316.061,316.062 and 316.027, any person involved in a crash that causes property damage, injuries or someone’s death must stop immediately. They must stay at or near the scene until they have handled some basic responsibilities.
Those responsibilities include sharing their identifying information like name and license plate number. They also must provide reasonable assistance to anyone who is injured. That could mean getting the injured person to a hospital if it looks like they need treatment or if they ask for it. Driving off without doing these things is called a hit-and-run or legally ‘leaving the scene of an accident.’
The criminal charge depends on the outcome of the crash.
If the accident involves only property damage, leaving the scene is generally charged as a second-degree misdemeanor. Once someone is injured, though, it becomes a third-degree felony. And if the injury qualifies as serious bodily injury, it becomes a second-degree felony.
In cases involving death, leaving the scene is a first-degree felony with substantial prison time on the table, including mandatory minimum sentences.
A car accident attorney in Zephyrhills, Florida can help victims understand both the criminal implications for the fleeing driver and the civil remedies available to them.
Criminal penalties vs. civil liabilities in Florida hit-and-run cases
Criminal prosecution and civil liability are separate legal processes. The State of Florida prosecutes hit-and-run offenses to punish unlawful conduct and protect public safety. If a person is convicted, they could face fines, probation, driver’s license revocation, restitution orders or incarceration.
But criminal proceedings don’t fully compensate victims for their losses.
If you need money for medical bills, missed paychecks, long-term income loss or pain and suffering, you may have to file a separate civil claim. The criminal case does not automatically hand you compensation. You still must prove what the crash cost you.
That is where having an experienced car accident attorney in Zephyrhills, Florida can be helpful. While the criminal case moves forward, your lawyer can focus on building your civil claim. Even if the other driver is caught and prosecuted, financial recovery requires evidence and negotiation.
And in a civil case, it is on you to prove your losses. Having someone experienced in your corner can make that process much less overwhelming.
Insurance challenges following a hit-and-run accident
Florida runs on a no-fault insurance system. That means you turn to your own Personal Injury Protection coverage (PIP) to cover your medical bills and part of your lost wages. But if your injuries are serious, PIP benefits can run out fast.
When the other driver disappears and can’t be identified, uninsured motorist coverage becomes especially important. Florida law requires insurance companies to offer this coverage unless you reject it in writing. If you have it, you can file a claim with your own insurance company as if the unknown driver had insurance.
That said, insurance companies tend to scrutinize hit-and-run claims. They usually want undeniable proof that another vehicle was involved. Expect to provide a police report, witness statements, photos and medical records. The more documentation you have, the better.
On top of all that, hit-and-run cases can involve criminal charges against the fleeing driver. At the same time, you are dealing with insurance paperwork and trying to recover physically. It can be a lot.
A good car accident attorney in Zephyrhills, Florida can help you. They can investigate the crash, coordinate with law enforcement, compile necessary documents, evaluate available insurance coverage and pursue appropriate civil remedies. They do all of that to fight for compensation that covers both your immediate expenses and the future impact this accident can have.
Looking for a car accident attorney in Zephyrhills, Florida?
If you have been injured in a hit-and-run accident, do not hesitate to contact an experienced car accident attorney in Zephyrhills, Florida, like Tonya Stewart Law PA. Tonya Stewart and her legal team are here to investigate your case and pursue the compensation you deserve. Contact us today to schedule a free case evaluation.