Monday, October 21, 2013

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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