Question 1

What Is a Hit and Run?

Accepted Answer

When a driver is involved in a vehicle crash that results in property damage, bodily injury or death, and fails to remain at the scene, it is considered a “hit and run.” Leaving the scene without exchanging information or helping those who were injured is illegal.

As a victim, guessing what to do in a hit and run can be confusing and overwhelming. It’s also frustrating to know the responsible driver simply drove away. However, you have rights and can still hold that person accountable.

Question 2

What Are the Laws for Hit and Run in Florida?

Accepted Answer

Laws related to a driver leaving the scene of an accident in Florida are:

Florida Statutes § 316.061¹ – Property damage only
Florida Statutes § 316.027² – Injury, serious injury and death
Florida Statutes § 316.062³ – States the requirements for exchanging information and rendering aid

Question 3

What Is a Serious Injury for Florida Hit and Run Laws?

Accepted Answer

Florida law defines “serious injury” for the purposes of Florida law § 316.027. A serious bodily injury involves a condition with a substantial risk of death, serious personal disfigurement or a protracted loss or impairment of the function of a bodily member or organ.

In bringing charges, the state attorney must prove that the injury is serious. If the jury finds that an injury occurred but is not serious, they may find the defendant guilty of a lesser offense.

Question 4

Where Can a Victim Find the Necessary Evidence To Prove the Case?

Accepted Answer

A hit and run can be proven through:

Witness testimony
Videos
Pictures
Circumstantial evidence
Tangible evidence

For example, a witness may testify to what a driver looked like before they fled the scene. They can give insight into the type of vehicle to help the police investigate. Nearby surveillance videos may help convict the driver. Damage to vehicles and admissions by the defendant can also be critical to proving the case. What you need to prove varies depending on what the contested issues are. However, the state must prove every element of the offense. The exact proofs required depend on whether the case involves property damage, injury or death.

Question 5

Can a Hit and Run Be a Civil Case?

Accepted Answer

Yes, a hit and run can be a civil case. Whether or not the state brings criminal charges, the plaintiff may bring their own legal action. The plaintiff must prove all the elements of negligence or intentional misconduct, and they may claim non-economic damages beyond what is available as restitution in a criminal claim, including pain and suffering. In a civil claim, you must prove that the defendant was the driver. You must verify that they were involved in a crash and that they chose to leave the scene of the accident. The victim must also prove their damages. While the proofs are similar in criminal and civil cases, there are some key differences:

Question 6

How Much Compensation Can You Get After a Hit and Run?

Accepted Answer

Your compensation amount is based on damages for the initial accident and the additional harm that comes from the fact that someone left the accident scene. For example, if a victim suffers more severe injuries because they did not receive timely medical care, that is harm that results from the hit and run. Underlying fault for the accident matters, too.

A victim may claim their damages both from fault for the accident and the additional harm that results from the defendant leaving the scene. The total amount of compensation depends on the actual losses incurred by the victim and any questions of comparative fault that may apply to the case.

Hit & Run Car Accidents

What Evidence Is Needed to Convict a Florida Hit and Run?