What Evidence is Needed to Convict a Hit and Run Driver?

Burden of Proof in Hit-and-Run Cases

To convict a hit and run driver, prosecutors must establish guilt beyond a reasonable doubt. This means proving the driver was involved in the accident, knew the crash occurred and willfully fled without rendering aid. The burden of proof in hit and run cases often requires multiple forms of compelling evidence including police reports, witness statements, physical evidence and surveillance footage.

How Common Are Hit-and-Run Accidents?

According to Florida Highway Safety and Motor Vehicles (FLHSMV), there were 515,957 hit-and-run accidents from 2018 to 2022, with a total of 1,251 deaths. The average annual number of hit-and-run accidents is 103,191, with an average of 250 fatalities. 

Additionally, the FLHSMV reported:

• Almost 25 percent of all car accidents in the state involve a hit-and-run
• For 2023, there was a total of 104,273 hit-and-run crashes
• There were 871 serious injuries and 271 deaths in 2023
• 76 percent of hit-and-run deaths in 2023 involved bicyclists and pedestrians
• Of the 271 deaths, 47 were bicyclists, and 150 were pedestrians

Evidence You Need to Collect After a Hit-and-Run Accident

Many different types of evidence should be collected after a hit-and-run case, including:

• Witness information: If any witnesses are present, ensure you collect their contact details to help support your injury claim
• Photographs of the accident scene: Take pictures and video of the accident, including any property damages. You can also ask witnesses to send you any photos or videos they have of the accident.
• Medical records: You will need copies of your medical records that show the extent of your injuries, the medical care you received, and any ongoing rehabilitation
• Record of expenses resulting from an accident: Any expenses incurred as a result of the accident, such as rental car costs, travel expenses, and lost wages, need to be documented
• Police report: It is equally important to obtain a copy of the police report as it often contains useful information, like who was at fault, the time, date, and location where the accident occurred, and the weather. 

As with most lawsuits, whether personal injury, a slip-and-fall case, or a hit-and-run, it’s best to be thorough. You never know what may help in your case, so never assume that any information is trivial. The smallest detail could make or break your lawsuit.

Physical Evidence at the Accident Scene

Physical evidence is among the strongest forms of proof in hit and run cases. Vehicle debris, skid marks and paint transfer can link a suspect vehicle to the accident scene. Even small fragments, such as headlight pieces or bumper parts, can provide circumstantial evidence confirming involvement. Forensic analysis of paint transfer or vehicle damage can help prove a hit and run driver’s identity.

Surveillance Footage and Traffic Cameras

Surveillance footage from traffic cameras, nearby businesses, or dashcams is valuable evidence in hit and run cases. These recordings can capture the fleeing vehicle’s make, model, and license plate numbers. Promptly securing surveillance footage is critical, as video data may be erased quickly. This type of digital evidence is often needed to prove the driver’s identity and confirm the accident occurred.

Eyewitness Testimony and Witness Statements

Eyewitness testimony provides context that physical evidence alone cannot capture. Witness statements can describe the fleeing driver’s behavior, the vehicle’s speed, or partial license plate numbers. Witness accounts are often key details that guide investigators toward suspect vehicles and strengthen civil claims for property damage or personal injury lawsuits.

What Should I Do After a Hit-and-Run Accident?

It’s important to follow a specific protocol following a hit-and-run accident. The first thing anyone involved in a hit-and-run incident should do is remain at the scene of the accident. Florida law requires people to stay at the scene of a car accident. Fleeing the scene will result in criminal charges, which could include jail time, fines, and license revocation. 

Next, it is vital to call emergency services to receive any necessary medical assistance and file a police report. Even if your injuries seem minor, seeking medical care is better than waiting until later, when things could be far worse. Once you’re safe and receive medical assistance, you must contact your insurance provider. It is also worthwhile to speak to an experienced car accident attorney for legal advice and retain their services to represent your interests. 

Who Covers My Medical Bills After a Hit-and-Run Accident?

Since Florida is a no-fault state, you will initially be responsible for your medical bills. 80% of your medical bills and up to 60% of lost wages are covered under your PIP coverage. If you have medical payments coverage, you can also be reimbursed for the other 20% of your medical bills. 
Once you reach your coverage limits, you can file medical claims through your health insurance coverage. Additionally, you may also be able to sue for negligence and seek damages from the at-fault driver when they were fully or mostly at-fault. However, navigating the claims process can be complex and is often much easier to manage with assistance from a Miami, Florida, car accident attorney.

Criminal and Civil Liability in Hit-and-Run Cases

Under Florida Statutes 316.061 and 316.027, leaving the scene of an accident involving property damage, injury, or death is illegal. Criminal charges vary depending on whether the crash caused property damage, severe injuries, or fatalities. Civil liability also applies – meaning the at fault driver remains responsible for damages in a personal injury lawsuit. Victims can pursue a civil claim while prosecutors pursue criminal charges against the fleeing driver.

How Much Evidence is Needed to Prove a Hit-and-Run?

The amount of evidence needed to prove a hit and run depends on the severity of the crash. For property damage, prosecutors may rely on circumstantial evidence such as vehicle debris or witness statements. For severe injuries or fatalities, stronger proof like surveillance footage, forensic evidence and medical records is required. Ultimately, prosecutors must present evidence linking the driver involved to the crash scene and proving fault beyond a reasonable doubt.

How Can a Hit-and-Run Attorney Help?  

Retaining assistance from a knowledgeable attorney can be essential to your success in a hit-and-run accident lawsuit. Your attorney can:

• Understand the complexities of personal injury laws: You gain access to expert legal advice and representation to ensure you receive proper compensation from the responsible party
• Accurately value your claim: Insurance companies attempt to get you to settle for much less than you are entitled to receive. Your attorney knows how to determine the actual value of your claim.
• Collect evidence to support your claim: Your attorney will gather evidence to support your injuries and damages
• File all paperwork: Your lawyer files all necessary paperwork with the insurance company and the court on your behalf
• Handle all settlement negotiations: You do not have to worry about dealing with the insurance company and adjusters. Instead, your lawyer takes care of all negotiations, freeing you up to concentrate on healing and recovery.

Let Bernstein & Maryanoff Injury Attorneys, Miami’s Best Car Accident Attorneys, Fight For You

After being involved in a hit-and-run accident, contact a Miami hit-and-run attorney from Berstein & Maryanoff, Injury Attorneys, to discuss your legal options regarding your case. Our law firm in Florida will help collect evidence to prove your case and reach a successful settlement. 

Frequently Asked Questions (FAQs)