The state of Florida has a major problem – drivers who flee the 
scene after an accident. A hit and run accident is when a driver crashes into another vehicle, a pedestrian, or onto private property, then leaves without identifying himself, rendering aid, or both. Hit-and-Run accidents are up 30% since 2004.
According to Florida Highway Safety and Motor Vehicles statistics, 15,560 cases of drivers leaving the scene of an accident — everything from fender-benders to fatalities — were reported in 2013, the most recent data available.
There are various reasons for hit-and-run accidents – the driver is driving while impaired or under the influence of alcohol or drugs, the driver is driving without a license or a suspended license, the driver may not have insurance, the driver has too many tickets, the driver is driving distracted, the driver is here illegally or is wanted by the police, the driver is disobeying traffic laws, or the driver stole the car. In some instances, a driver may simply not realize that he or she struck a person.
In 2006, Florida passed the Justin McWilliams Act, which enhanced the penalties for fleeing after an accident. A key provision in the law made leaving the scene of a fatal accident a crime and closed several loopholes in the Florida Statutes. The legislation also raised the penalty for leaving a fatal accident to a first-degree felony punishable by as much as 30 years in prison and a $10,000 fine.
Unfortunately in most hit-and-run accidents (leaving the scene of an accident), the victim usually can’t identify the driver, the owner or the car. These cases also are often very hard to prove due to a lack of witnesses, evidence and cooperation from suspected parties. If caught, the offender could face both criminal and civil litigation.
If the driver in not found, you may look to your own insurer to get compensated for your injuries as Florida law requires that motorists obtain personal injury protection coverage. You also may have coverage under other insurance policies, such as underinsured or uninsured motorist protection coverage or medical insurance coverage.
If you have been injured or a loved one has been killed in a hit-and-run accidents and you have questions regarding your legal rights, contact us today at 561-366-9099.
