Duties of Drivers in Crashes Involving Death or Personal Injuries in Florida

In Florida, pursuant to Florida Statutes Section 316.027, the driver of any motor vehicle involved in an accident, which results in injury of any person, must stop the vehicle at the scene of the accident, and must stay on scene until the duties of providing information and rendering aid are complete, which includes notifying EMS. If you violate this statute, you may be found guilty of a felony of the third degree, with a prison sentence of up to five years and a $5,000 fine.

If a driver is involved in a crash that results in the death of another, the driver must immediately stop at the scene of the crash, or as close as possible, and must remain at the scene until he or she fulfills the requirements of Florida Statutes Section 316.062 (including, providing information and rendering assistance). A driver who willfully violates this law commits a felony of the first degree, with a prison sentence of up to 30 years in prison and a $10,000 fine.  Any person who commits such a violation while driving under the influence of alcohol or drugs will be sentenced to a minimum of two years in prison. This is in addition to any other crimes the driver may be charged with.  In addition, the Florida court shall order the driver to make restitution to the victim for any damage or loss and the Department of Highway Safety and Motor Vehicles will revoke the driver’s license of the person convicted.

Lastly, a person whose commission of a noncriminal traffic infraction causes the death of another person, may, in addition to any other civil, criminal or administrative penalty imposed, be required by the court to serve 120 hours community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents.

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Hit and Run Offense in Florida

Leaving the scene of the accident, or “hit and run,” is a serious criminal offense under Florida Law, specifically Florida Statutes 316.062. A conviction may lead to substantial fines, jail terms, and the loss of driving privileges of the convicted person. If you have been charged with this offense, it is important to talk to an experienced criminal defense lawyer right away.

Hit and Run Laws

Hit and run takes place when the driver flees from the scene of an accident or crash.  The way to understand this offense is to look into the duties that Florida drivers are legally required to do once an accident or crash occurs.

Under Florida law, if a driver is involved in a car accident that results in any kind of damage, whether the damage is to a property or another person, the driver is legally required to stop and exchange information. This is known under the law as the Duty to Give Information and Render Aid. For instance, if the driver is involved in an accident that resulted in property damage, then the driver is required to stop and give his name, address, registration information, and give details about his or her driver’s license, if requested.

As for accidents involving injuries, the driver must render assistance. The driver involved in this accident should stop, provide reasonable aid, and make sure that EMS is contacted, or bring the injured person to a medical facility, if requested, or if it is apparent that medical attention is needed. .  

Hit and run technically occurs when the driver involved in an accident that causes injury or damage leaves the scene of the accident and neglects the duties that he or she is obligated to uphold under Florida Law.

Penalties

The penalties for a hit and run offense in Florida depend on the circumstances surrounding a given case. Penalties for this offense will typically depend on whether the underlying accident resulted in property damage or personal injury.

For hit and run resulting in property damage, the offense is treated as misdemeanor. The penalties for this are may be up to 60 days jail term and a fine of $500. For hit and run resulting in personal injury, the offense is treated as a felony. The penalties for this are a maximum of 15 years in jail and maximum fine of $10,000.

Hit and run is a very serious criminal offense in Florida. This offense requires an experienced criminal defense lawyer.