Leaving the scene of a motor vehicle accident—commonly referred to as a “hit and run”—can result in serious criminal charges, particularly when the accident involves injuries or death. An accident can be frightening and stressful, but leaving the scene can create additional legal consequences. If you are accused of leaving an accident scene, it is important to speak with an experienced criminal defense attorney as soon as possible.
What Is Considered a Hit & Run Accident?
Under Florida Statute 316.061, a driver involved in a crash that causes damage to another person’s property is generally required to:
- Stop at the scene of the accident, or as close to the scene as safely possible; and
- Remain at the scene and provide the required identifying information, including the driver’s name, address, vehicle registration, and driver’s license information.
Florida law imposes additional obligations when a crash involves injuries or death. Under Florida Statute 316.027, a driver involved in a crash resulting in death or personal injury must provide reasonable assistance when treatment appears necessary or the injured person requests assistance.
A driver who willfully leaves the scene without fulfilling these legal obligations may face criminal charges for leaving the scene of an accident.
How Does Florida Rank for Hit & Run Accidents?
According to a 2018 study by the AAA Foundation for Traffic Safety, Florida had one of the nation’s highest per-capita rates of fatal hit-and-run crashes at the time of the study. While these statistics provide broader context, the circumstances and potential consequences of an individual hit-and-run case depend on the specific facts involved.
What Are the Types of Hit & Run Charges and Their Penalties?
In Florida, the potential charge and penalties for leaving the scene of an accident depend largely on whether the crash involved property damage, personal injury, or death. Depending on the circumstances, charges may include:
- Leaving the Scene of an Accident Involving Property Damage: Generally a second-degree misdemeanor, which can carry penalties of up to 60 days in jail and a fine of up to $500.
- Leaving the Scene of an Accident Involving Injury: Generally a third-degree felony, which can carry penalties of up to 5 years in prison and a fine of up to $5,000.
- Leaving the Scene of an Accident Involving Death: Generally a first-degree felony, which can carry penalties of up to 30 years in prison and a fine of up to $10,000. Florida law also provides for a mandatory minimum prison sentence in certain circumstances.
The penalties that apply to a particular case can depend on the facts, applicable statutes, and the defendant’s criminal history.
What Other Consequences Can Result From a Hit & Run Charge?
The consequences of a hit-and-run conviction may extend beyond criminal penalties. Depending on the circumstances, a driver may also face driver’s license suspension or revocation, increased insurance costs, and a civil lawsuit seeking compensation for property damage or injuries.
These consequences can have a significant and lasting impact on your finances, driving privileges, and family.
How Can a Criminal Defense Attorney Help?
If you are facing a hit-and-run charge, the circumstances surrounding the accident may provide important issues for your defense. An experienced criminal defense lawyer, such as Pierre-Antoine Law, can review the evidence, evaluate the circumstances of the alleged offense, and help protect your legal rights throughout the criminal process.
Depending on the facts of your case, your attorney may be able to challenge the charges, seek dismissal, negotiate a favorable resolution, or pursue other strategies designed to minimize the potential consequences.
If you have been charged with leaving the scene of an accident in Gainesville, obtaining legal representation promptly can help ensure that your case is handled with the attention and care it deserves.
