In the state of Florida, leaving the scene of an accident or “hit and run” is defined as failure of a driver to remain at the site of a crash and fulfill other statutory duties, when the crash involves death, bodily injury or property damage. When involved in a traffic crash, drivers have a duty to remain at the scene, provide necessary information and render aid. In hit and run cases, the penalties are dependent on the nature of harm or the amount of damage caused by the crash. If the crash involved personal injury, it is classified as a third degree felony. Crashes involving property damage are second degree misdemeanors and fatal crashes are classified as first degree felonies.
In may cases, it is assumed that the driver left the scene to avoid an arrest for a different offense, such as DUI, racing, or driving with a suspended license. In accordance with Florida law, the court will not require the accused driver to pay restitution in a situation that involves leaving the scene with only property damage. However, if the victim’s injuries, could have been prevented with immediate assistance had the at-fault driver remained on the scene, restitution may be awarded.
If you are involved in a crash it is important that all parties involved stay at the scene and call for help, as it is required by law and could save a life. If you are a victim of a hit and run accident, call 1-833-DARFOOR to discuss your options with an experienced Ft. Lauderdale personal injury attorney.
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