Is a Hit and Run a Felony in Florida?

It’s a pressing question of victims bewildered and seeking justice: Is a hit and run a felony in the state of Florida? Hit and run accidents not only cause physical harm but also leave emotional scars and financial burdens in their wake. Understanding the legal ramifications of such incidents is crucial for both victims and those seeking accountability.

In this comprehensive guide, we’ll navigate through the legal landscape of hit and run accidents in Florida, shedding light on the statutes, penalties, and the recourse available to victims. Whether you’ve been directly impacted by a hit and run incident or simply want to understand the legal framework surrounding these offenses, this post aims to provide clarity and insight.

Remember, you don’t have to face this journey alone. Serrano Law is here to advocate for your rights and seek the justice you deserve.

Let’s embark on this legal exploration together.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Defining Hit and Run Accidents

A hit and run accident occurs when a driver is involved in a collision with another vehicle, pedestrian, or property and knowingly fails to stop and provide their contact and insurance information. In essence, it involves fleeing the scene of an accident without fulfilling the legal obligation to exchange information or render assistance to those injured.

They are distressingly common; according to Florida Highway Safety and Motor Vehicles, the state averages over 103,000 hit and runs annually. 

Hit and run incidents can manifest in various ways. The most common type involves vehicle collisions, where two or more vehicles are involved, and the at-fault driver flees the scene to avoid taking responsibility for the damages or injuries caused. Another form of hit and run is pedestrian collisions, where a driver strikes a pedestrian and fails to stop to offer aid or provide their information. Additionally, hit and run accidents can involve property damage, such as when a driver hits a fence, mailbox, or parked vehicle and leaves the scene without taking responsibility. In all these cases, the driver’s failure to remain at the scene and take responsibility constitutes a hit and run.

Implications of Hit and Run Accidents

The implications of hit and run accidents extend far beyond the immediate physical damage. These incidents have profound consequences for victims, communities, and the legal system.

Legally, hit and run offenses are treated with utmost seriousness in Florida. The law imposes severe penalties on offenders, including fines, license suspension, and potential imprisonment. These legal consequences underscore the gravity of fleeing the scene after causing an accident.

For the victims, the impact is often devastating. They not only endure physical injuries but also emotional trauma and financial hardships. The act of fleeing deprives victims of the chance to receive timely medical care and seek damages, which further exacerbates their suffering.

On a broader scale, hit and run accidents undermine community trust and the social contract that dictates responsible behavior on the roads. They create a culture where drivers prioritize self-preservation over accountability and empathy, eroding the sense of mutual responsibility among road users.

Furthermore, hit and run cases present significant challenges for law enforcement agencies. The absence of sufficient evidence or witness cooperation can make it extremely difficult to identify and apprehend the perpetrators. This prolongs the pursuit of justice, leaving victims without closure and perpetuating a cycle of impunity.

Is a Hit and Run a Felony?

Florida statutes unequivocally prohibit individuals from fleeing the scene of an accident in which they are involved. Section 316.027 of the Florida Statutes outlines the legal obligations of drivers following a crash, emphasizing the duty to stop and remain at the scene to provide assistance and exchange information with the other parties involved.

Classifications of Hit and Run Offenses

Whether a hit and run offense is classified as a felony in Florida depends on various factors, including the extent of the damage, injuries sustained, and the presence of aggravating circumstances. Here’s a breakdown of how hit and run offenses are categorized under Florida law:

Misdemeanor Hit and Run

A hit and run offense may be classified as a misdemeanor if it involves only property damage and no injuries. Under Florida law, leaving the scene of an accident involving property damage without providing information or rendering aid is considered a misdemeanor of the second degree.

Felony Hit and Run

Hit and run incidents involving injuries or fatalities are typically classified as felonies in Florida.

If the accident results in injuries to another person, leaving the scene without providing information or assistance constitutes a felony of the third or second degree, depending on case details. If the accident results in death, the hit and run offense is elevated to a felony of the first degree, carrying more severe penalties.

The penalties for felony hit and run offenses in Florida can be significant and may include imprisonment, fines, probation, and restitution to the victims. The severity of the penalties depends on the specific circumstances of the case, including the extent of the injuries or damages involved and the defendant’s criminal history. A first-degree felony can be punished by up to 30 years in prison — with a mandatory minimum of four.

Legal Defenses and Mitigating Factors

In defending against hit and run charges in Florida, various legal defenses and mitigating factors may come into play. These may include:

– Lack of knowledge or awareness of the accident.

– Coercion or duress compelling the defendant to flee the scene.

– Mistaken identity or misidentification as the driver involved.

– Voluntary surrender to authorities following the incident.

– Cooperation with law enforcement and efforts to rectify the situation.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Motives Behind Hit and Run Incidents

Hit and run accidents are often fueled by a complex interplay of psychological, situational, and societal factors. By gaining insight into the motives behind these incidents, we can better address the root causes and implement strategies to prevent their occurrence. 

Panic and Fear

One of the primary reasons individuals flee the scene of an accident is panic and fear. In the immediate aftermath of a collision, especially if the individual is unprepared or inexperienced in handling such situations, the instinct to escape may override rational decision-making. Fear of legal consequences, financial repercussions, or facing the injured party can lead drivers to make impulsive and regrettable choices.

Impaired Judgment

Substance impairment, whether due to alcohol, drugs, or prescription medication, can impair judgment and inhibit one’s ability to assess the situation accurately. Inebriated drivers may prioritize self-preservation or avoiding DUI charges over the ethical and legal obligations of remaining at the scene and providing assistance. Intoxication can also cloud perception and hinder empathy towards the victims of the accident.

Prior Criminal History

Individuals with a history of criminal behavior, including traffic violations or previous hit and run incidents, may be more inclined to flee the scene to evade apprehension and the prospect of facing harsher penalties. Habitual offenders may exhibit a pattern of reckless and antisocial conduct, viewing hit and run as a means to escape accountability for their actions.

Lack of Insurance or Valid License

Uninsured motorists or those driving without a valid license may flee the scene of an accident to avoid detection and the legal consequences of driving illegally. For individuals already operating outside the bounds of the law, the prospect of facing additional penalties or civil liabilities may drive them to abscond from the scene rather than confront the aftermath of their actions.

Emotional Distress

In some cases, emotional distress or psychological instability may contribute to hit and run incidents. Individuals grappling with mental health issues, such as anxiety, depression, or PTSD, may experience heightened levels of stress and agitation in high-pressure situations like car accidents. Coping mechanisms may falter, leading to impulsive and irrational behavior, including fleeing from the scene.

Lack of Empathy or Moral Compass

For a subset of individuals, a fundamental lack of empathy or moral compass may underpin their decision to flee the scene of an accident. These individuals may prioritize self-interest and self-preservation above the well-being of others, viewing hit and run as a convenient means to evade responsibility and consequences.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

 Florida’s Legal Obligations After an Accident

Florida law mandates that any driver involved in a motor vehicle accident must immediately stop at the scene or as close to it as possible without obstructing traffic. The driver must also render reasonable assistance to anyone injured in the accident, including arranging for medical attention if necessary. Failure to stop and provide aid can result in serious legal consequences, including criminal charges for leaving the scene of an accident.

After stopping at the scene of an accident, drivers are required to exchange information with the other parties involved. This includes providing their name, address, vehicle registration number, and insurance information to the other driver(s) or any injured parties. Additionally, if requested by law enforcement officers, drivers must present their driver’s license for inspection.

In Florida, certain types of accidents must be reported to law enforcement authorities. This includes any accident involving injury, death, or property damage exceeding $500. Drivers are required to report the accident to the nearest police station or sheriff’s office as soon as possible, preferably immediately after the accident occurs. Failing to report a reportable accident can result in legal penalties.

Florida law imposes a duty of care on all motorists to operate their vehicles in a safe and prudent manner. This includes obeying traffic laws, maintaining a safe speed, and exercising caution to avoid collisions. In the event of an accident, drivers must take reasonable steps to prevent further harm and mitigate the consequences of the collision.

Drivers involved in accidents are obligated to cooperate fully with law enforcement officers investigating the incident. This may involve providing a statement, answering questions, and complying with any requests for documentation or evidence. Refusal to cooperate with authorities can impede the investigation and may result in legal repercussions.

In addition to potential criminal penalties, individuals who fail to fulfill their legal obligations after an accident may also face civil liability for any damages or injuries caused. Victims of the accident may pursue compensation through a civil lawsuit for medical expenses, property damage, lost wages, pain and suffering, and other losses incurred as a result of the collision.

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Essential Elements of a Hit and Run Lawsuit

In pursuing a hit and run lawsuit in Florida, several essential elements must be established to build a strong case and seek justice for the victim. 

Firstly, it’s crucial to demonstrate that the defendant was indeed involved in the accident and subsequently fled the scene without fulfilling their legal obligations. This typically requires gathering evidence such as eyewitness testimony, surveillance footage, and physical evidence from the scene of the crash. Secondly, the plaintiff must prove that the defendant’s actions were negligent or reckless and directly contributed to the accident and resulting injuries or damages. This entails establishing the standard of care owed by the defendant, the breach of that duty, and the causal connection between the defendant’s conduct and the plaintiff’s injuries. 

Thirdly, the plaintiff must demonstrate the extent of their injuries or damages, including medical expenses, lost wages, pain and suffering, and any other losses incurred as a result of the accident. 

Finally, the plaintiff must comply with the applicable statutes of limitations for filing a personal injury lawsuit in Florida, typically within four years from the date of the accident. By satisfying these essential elements, the plaintiff can pursue compensation and hold the responsible party accountable for their actions.

Damages in a Hit and Run Lawsuit

In a hit and run lawsuit in Florida, victims may be entitled to various types of damages to compensate for their losses and injuries resulting from the accident. Economic damages, which are quantifiable financial losses, may include medical expenses for treatment and rehabilitation, lost wages or earning capacity due to disability or inability to work, property damage to the victim’s vehicle or other belongings, and out-of-pocket expenses incurred as a direct result of the accident. 

Non-economic damages, which are more subjective and intangible in nature, may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for spouses or family members affected by the victim’s injuries. 

Punitive damages may also be awarded in cases involving particularly egregious conduct or willful disregard for the safety of others, serving as a deterrent to similar misconduct in the future. By seeking damages in a hit and run lawsuit, victims can obtain the financial compensation they need to recover from their injuries and rebuild their lives in the aftermath of a traumatic accident.

Client Testimonial

Is a hit and run a felony in Florida? The answer is not a solid yes or no; while some hit and runs are classified as misdemeanors, others — especially those causing bodily injury or even death — are considered felonies.

If you or a loved one has been injured in a hit and run or any other type of accident, don’t hesitate to reach out to our experienced team at Serrano Law. We are dedicated to advocating for your rights, pursuing justice on your behalf, and securing the compensation you deserve for your injuries and losses.

Remember, you don’t have to navigate the complexities of the legal system alone. With Serrano Law by your side, you can focus on healing and moving forward while we handle the legal aspects of your case. Contact us today for a confidential consultation, and let us be your trusted allies in the pursuit of justice.