The Penalties for Hit-and-Run Accidents in Florida
Introduction
Leaving the scene of an accident, also known as a hit-and-run, is a serious criminal offense in Florida. Drivers involved in an accident have a legal duty to stop, provide information, and offer aid if necessary. Failing to do so can result in severe penalties, including fines, license revocation, and even prison time.
This guide explains Florida’s hit-and-run laws, the penalties for different types of hit-and-run offenses, and possible defenses for those accused of leaving the scene of an accident.
What Is a Hit-and-Run in Florida?
Under Florida law, any driver involved in an accident must:
- Stop immediately at the scene or as close to it as possible.
- Provide their name, contact information, and insurance details to the other parties involved.
- Render aid if someone is injured, including calling emergency services.
Failing to take these actions can result in criminal charges, even if the driver was not at fault for the accident.
Penalties for Hit-and-Run in Florida
The severity of the penalties for a hit-and-run offense depends on whether the accident resulted in property damage, injury, or death.
Hit-and-Run Involving Property Damage
If a driver leaves the scene of an accident that only causes property damage, the offense is classified as a second-degree misdemeanor, punishable by:
- Up to 60 days in jail
- A fine of up to $500
- Driver’s license suspension
Hit-and-Run Involving Injuries
If the accident results in injuries to another person and the driver leaves the scene, the charge is a third-degree felony, punishable by:
- Up to five years in prison
- A fine of up to $5,000
- Mandatory three-year license revocation
Hit-and-Run Involving Death
If a hit-and-run accident results in a fatality, the driver faces a first-degree felony, with penalties including:
- A mandatory minimum of four years in prison, up to 30 years
- A fine of up to $10,000
- Permanent driver’s license revocation
Because hit-and-run offenses involving death carry severe consequences, prosecutors aggressively pursue these cases.
Common Defenses to Hit-and-Run Charges
There are several possible defenses to hit-and-run charges, depending on the circumstances of the case.
Lack of Knowledge
A driver may argue that they did not realize they were involved in an accident. This is more common in cases involving minor collisions where the driver did not feel or hear the impact.
Emergency or Medical Condition
If the driver had a medical emergency, such as a heart attack or seizure, at the time of the accident, their failure to stop may be excused.
Mistaken Identity
If there is no direct evidence proving that the defendant was the driver, the charges may be challenged. Surveillance footage, witness testimony, or vehicle records may help dispute the prosecution’s claims.
Fear for Safety
If the driver left the scene due to a reasonable fear for their safety, such as being threatened by the other party involved in the accident, the court may consider this a mitigating factor.
What to Do If You Are Accused of a Hit-and-Run
If you are accused of leaving the scene of an accident, it is important to take the following steps immediately:
- Do not admit guilt or make statements to law enforcement without consulting an attorney.
- Gather any evidence related to the accident, including dashcam footage, witness information, and phone records.
- Contact a criminal defense attorney to discuss your legal options and develop a defense strategy.
A skilled attorney can negotiate with prosecutors, challenge the evidence, and work to reduce or dismiss the charges.
How a Criminal Defense Attorney Can Help
Being charged with a hit-and-run can have life-changing consequences, including jail time, loss of driving privileges, and a permanent criminal record. A defense attorney can:
- Investigate whether the prosecution has sufficient evidence to prove guilt.
- Challenge witness statements and surveillance footage.
- Negotiate plea deals or alternative sentencing options.
- Present mitigating factors to reduce penalties.
At Bonderud Law, we have extensive experience defending clients facing hit-and-run charges. If you or a loved one is accused of leaving the scene of an accident, contact us today for a consultation.
Conclusion
Hit-and-run accidents in Florida carry serious penalties, including criminal charges, fines, and license suspension. Whether an accident resulted in property damage, injury, or death, leaving the scene can escalate the consequences dramatically.
If you are facing hit-and-run charges, seeking legal representation as soon as possible is the best way to protect your rights and minimize potential penalties.
