Getting convicted of a hit and run, also known as leaving the scene of an accident, can have a life-altering effect on your life. Along with legal and potential criminal ramifications, this conviction can affect your employment prospects, ability to drive, and insurance rates for years.
To protect the people traveling on roadways, the state of Florida has a set of laws that define the duties and obligations of any motorist involved in an accident, particularly if it results in damage to property, bodily injury, or even death. Understanding these laws, the potential penalties, and how a qualified car accident attorney can best represent you is important in ensuring the best outcome for your case according to the law.
Florida’s Hit and Run Law Explained
Leaving the scene of the accident is covered by Florida statute 316.061, also known as the hit and run law. According to this law, any person involved in a motor vehicle needs to adhere to the following guidelines:
- Any drivers must stop driving the vehicle immediately and safely exit the road.
- Participants in the accident must remain at the accident or immediately return.
- Law enforcement must be notified.
- If there is bodily injury, the driver must make efforts to provide assistance to the injured party within reasonable limits. This includes steps such as notifying emergency medical providers, or providing first aid if you are qualified.
- If there is any property damage, the driver must give identifying information to the other party.
Leaving the scene of the accident, or committing a hit and run, constitutes negligence and can be punishable by severe penalties. In some cases, it can result in a felony conviction.
Penalties for Hit and Run in Florida
The specific penalties for a hit and run depend on the circumstances of the accident and the extent of property damage and bodily injury:
- A hit and run resulting in property damage without injury is a misdemeanor charge, with penalties including jail time and a $500 fine.
- A hit and run in Florida resulting in death can be charged as a first-degree felony and up to 30 years in prison and a $10,000 fine upon conviction.
- If there is substantial bodily injury, the charge can be a third-degree felony with up to a five-year prison sentence and a $5,000 fine.
Additional factors that influence the severity of these penalties include whether alcohol or illicit substances were involved, the speed of the collision, whether there was reckless driving, and previous convictions.
Working with a Hit and Run Defense Lawyer in Florida
Just like other crimes, being charged with a hit and run does not mean you have been convicted. Every person has a right under the law to defend themselves from a charge, including ones with serious, life-altering consequences such as a hit and run. No matter how minor or severe the circumstances of the case, anyone facing hit and run charges in Florida should work with the most capable attorney they can find.
A qualified and experienced hit and run defense lawyer can help ensure you are treated fairly under the law. By conducting a thorough investigation, your attorney can ensure that law enforcement acted within the confines of the law and that all evidence being used in your charge is valid.
Not all hit and run cases are the same, and the evidence requirements can be steep due to the severity of the penalties. Mitigating circumstances can include medical emergencies, and level of awareness of the accident. In some cases, these circumstances can lead to charges being reduced or dismissed depending on factors such as the prosecutor, the judge, previous record, and level of cooperation after the charge.
Hit and run defense lawyers will understand the strategies prosecutors use and know how to potentially negotiate charges to ensure the best possible long-term impact.
If You are Looking for a Hit and Run Defense Lawyer in Tampa Bay, Clark Hartpence Law Can Help
If you or someone close to you has been charged with a hit and run, call Clark Hartpence Law at (855) 680-4911 or schedule a free consultation. Our skilled and experienced legal defense team regularly represents people involved in a range of automobile-related cases, including hit and run.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.