Leaving the scene of an accident is against the law in Florida, and the consequences can be severe. The specific laws and penalties for leaving the scene of an accident depend on several factors, including whether the driver fled after colliding with an unattended vehicle or property, or if they left the scene of an accident involving injury or death. In cases where only property damage occurs, the penalties are generally less severe, but can still lead to fines and potential license suspension. However, if the accident involves injury or death, fleeing the scene is considered a felony, carrying significant legal consequences, including imprisonment.
Understanding these distinctions is crucial for all Florida drivers, as failing to comply with the law can result in serious criminal charges. To help illustrate the relevant statutes and potential outcomes that come with a hit-and-run or leaving the scene of an accident in Florida, we have a few hypothetical examples that highlight different scenarios and the legal implications of each situation:
Example No. 1: You hit an unattended car while backing out of your parking space in the grocery store parking lot, denting the bumper of the unattended vehicle. No one sees the accident, so you decide to leave the scene of the accident without trying to find the owner of the unattended car, contacting the police, or leaving a note on the unattended car’s windshield with your contact information.
Your actions are in violation of Florida Statute §316.063(1). According to this statute, when you hit an unattended vehicle resulting in damage to that vehicle, you must either: (1) locate the owner of the unattended vehicle and provide him or her with your name, address, and your vehicle’s registration number, or (2) securely attach a note in a conspicuous place on the unattended vehicle that includes your name, address, and your vehicle’s registration number. After locating the owner of the unattended vehicle or leaving a note on the vehicle, the law requires you to promptly contact the police after leaving the scene of an accident. Violation of this law is a second-degree misdemeanor, punishable by up to 60 days in jail and up to a $500 fine.
Example No. 2: You back your car into your neighbor’s mailbox, breaking it into pieces. No one saw you hit the mailbox, so you decide to leave the scene of the accident without trying to locate your neighbor, leaving a note for your neighbor, or contacting the police.
Florida Statute §316.063(1), which is discussed above in Example No. 1, doesn’t just apply to hitting an unattended vehicle—it also applies to hitting any type of unattended property such as the mailbox in this example. Florida law requires you to try to locate the owner of the mailbox and give him or her your name, address, and vehicle registration number, or leave a note in a conspicuous location that includes this information. After locating the owner of the mailbox or leaving a note, you must immediately contact the police. Violation of this law is a second-degree misdemeanor, punishable by up to 60 days in jail and up to a $500 fine.
Example No. 3: You have the green light and are driving through an intersection when another car runs a red light and crashes into your car. The driver of the other car has been ejected from his car and is lying on the road with serious injuries.
Regardless of whose fault the accident was, Florida Statue §316.027(1)(a) states that you must immediately stop your vehicle at the scene of the crash, or as close to it as possible, and remain at the scene of the crash until you fulfill the requirements of §316.062. The requirements of §316.062 are as follows: (1) contact the police immediately after the accident; (2) give your name, address, and vehicle registration number, and exhibit upon request your driver’s license to any person injured in the crash or to the driver or occupant of the other vehicle; (3) give this same information and show your driver’s license to the police officer who arrives at the scene of the crash; and (4) render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person. Violation of this law and leaving the scene of an accident without going through these steps is a third-degree felony, punishable by up to five years in prison and up to a $3,000 fine.
Example No. 4: You are involved in a car crash on the highway that results in the death of another person.
Regardless of whether you were at fault for this accident or whether the person who has died is in your vehicle, another vehicle, or was a bystander struck and killed by one of the involved vehicles, Florida Statue §316.027(1)(b) states that you must immediately stop your vehicle at the scene of the crash, or as close to it as possible, and remain at the scene of the crash until you fulfill the requirements of §316.062. The requirements of §316.062 are discussed above in Example No. 3. Violation of this law is a first-degree felony in Florida, punishable by up to 30 years in prison and up to a $10,000 fine.
Florida law enforcement takes leaving the scene of an accident very seriously, and a conviction could lead to severe penalties, including jail time and substantial fines. Even a first-time offense can carry lasting consequences that impact your driving privileges, insurance rates, and future opportunities. If you have been charged with leaving the scene of an accident in South Florida, you must take action and immediately seek legal representation. A skilled defense attorney can examine the details of your case, challenge the prosecution’s evidence, and work to minimize the impact on your life. An excellent attorney from Galanter Law will find every possible way to protect your rights through an examination of evidence, finding key witnesses, potential errors with police reports, and more. Don’t face these charges alone—get the legal help you need for your case.
Here at the South Florida law firm of Galanter Law, our skilled Miami and Fort Lauderdale criminal defense attorneys have a proven track record of successfully defending clients facing these serious charges. We will fight to protect your rights and work toward the best possible outcome in your case. Whether that means negotiating for reduced penalties or aggressively challenging the prosecution’s arguments, we have the experience needed and are prepared to help. Contact us today for a consultation, and let us put our experience to work for you. The sooner you act, the better your chances of a favorable resolution. We will do everything in our power to help you avoid a conviction or get your charges reduced or dismissed altogether. Contact us today—we can help you!
