Leaving the Scene of an Accident
Leaving the Scene of an Accident is commonly referred to as a "Hit and Run" and is a crime in Florida.
If accused of Leaving the Scene of an Accident in Florida, you need to know the:
- Definition of Leaving the Scene of an Accident
- Penalties for Leaving the Scene of an Accident
- Defenses to Leaving the Scene of an Accident
Definition of Leaving the Scene of an Accident
The crime of Leaving the Scene of an Accident occurs if:
- You are involved in an accident or crash with another person's property; such as a vehicle, building, or structure; and
- You willfully leave the scene of the accident or crash without providing your name, address, registration information, and driver's license to the owner of the property.
If the owner of the property is not present to receive your information or cannot be readily located, you are required to report the accident or crash to the nearest law enforcement agency and provide your name, address, registration information, and driver's license.
Duty to Render Aid
If you are involved in an accident or crash that results in injury or death to any person, including a passenger of yours, you are required to:
- Stop Immediately;
- Provide your names, address, registration information, and driver's license; and
- Render reasonable assistance to the injured or deceased person by transporting, or making arrangements for the transportation, of the person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.
If the person injured or deceased is not in a condition to receive your information or be transported, you are required to report the accident or crash to the nearest law enforcement agency as quickly as possible and provide your name, address, registration information, and driver's license.
Penalties for Leaving the Scene of an Accident
The penalties for the crime of Leaving the Scene of an Accident increase based upon whether the accident or crash involved Property Damage, Personal Injury, or Death.
In Florida, Leaving the Scene of an Accident can be charged as:
- Leaving the Scene of an Accident Involving Property Damage
- Leaving the Scene of an Accident Involving Injury
- Leaving the Scene of an Accident Involving Death
Leaving the Scene of an Accident Involving Property Damage
Leaving the Scene of an Accident Involving Property Damage is a Second Degree Misdemeanor. If convicted of Leaving the Scene of an Accident Involving Property Damage, you would be facing any combination of the following penalties:
- Up to sixty (60) days in jail,
- Up to six months of probation, or
- A fine up to $500.
Leaving the Scene of an Accident Involving Injury
Leaving the Scene of an Accident Involving Injury is a Third Degree Felony punishable as a Level 5 offense under Florida's sentencing guidelines.
If convicted of Leaving the Scene of an Accident Involving Injury, you would be facing any combination of the following penalties:
- A maximum sentence of five (5) years in prison,
- Five years of probation, or
- A fine up to $5,000.
Leaving the Scene of an Accident Involving Death
Leaving the Scene of an Accident Involving Death is a First Degree Felony punishable as a Level 7 offense under Florida's sentencing guidelines.
Leaving the Scene of an Accident Involving Death, you would be facing any combination of the following penalties:
- A minimum sentence of twenty-one (21) months in prison,
- A maximum sentence of fifteen (15) years in prison,
- Fifteen years of probation, or
- A fine up to $10,000.
Defenses to Leaving the Scene of an Accident
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific or common defenses to the crime of Leaving the Scene of an Accident include:
Lack of Knowledge
While it should probably go without saying, knowledge of the accident is an essential element, as one cannot “willfully” leave an accident without awareness that an accident has occurred. This situation usually occurs where someone slightly hits a car while backing up, but does not feel the impact. Under this situation, one can argue they were unaware they ever hit anyone. [1]
Physically Unable to Report
If, because of the crash or injury, you were rendered physically incapacitated and unable to report the crash or accident; you are exempt from fulfilling the requirement to leave your name, address, registration information, and driver's license to the owner of the property.
Contact Criminal Defense Attorney Richard Hornsby
If you are charged with Leaving the Scene of an Accident, contact Criminal Defense Attorney Richard Hornsby for the criminal defense representation you deserve.
The initial consultation is free and I am always available to advise you on the proper course of action to take.