Miami hit and run accident lawyer

Miami hit and run car accident attorneys at Bernstein & Maryanoff Injury Attorneys have the knowledge and experience necessary to get you maximum compensation for your car accident injuries resulting from a hit and run.

If you need an injury attorney in Miami, call Bernstein & Maryanoff for results you can trust.

$0 upfront. No Fees Unless We Win.
$50 Million+ recovered for clients.
Available 24/7. Get help anytime.

Free Consultation

Jack Bernstein, Personal Injury Lawyer In Miami

Our Proven Results Speak for Themselves

Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.

$3 million settlement

Wrongful death in motor vehicle accident.

$3 million settlement

Secured for a client with neck injuries in car accident.

$2.76 million Settlement

Wrongful death in motor vehicle accident.

$2.25 settlement

secured for a client with paralyzed in medical malpractice.

$2 million settlement

secured for a client with brain injury in medical malpractice.

$1.75 million Settlement

Secured for a client with burns and dystrophy in slip and fall accident.

Past Verdicts

What is a hit-and-run accident claim?

Damaged Motorcycle And Helmet On Road After Hit And Run Accident With Black Car In Background

A hit-and-run accident claim is a demand for financial compensation. The claim is based on the victim’s rights under the law.

Florida laws protect hit-and-run victims, and give them the right to demand payment from the party responsible for the hit and run.

A claim may be based on how the accident occurred in the first place, and the fact that the other driver chose to flee from the accident scene.

A hit-and-run accident claim is the victim exercising their right to financial compensation. It is using the legal system to help a victim get the compensation they deserve, and hold the other person accountable for their actions.

Why bring a hit-and-run accident claim?

If you’ve been in an accident, you know that it can be a terrifying experience. The first concern is evaluating injuries.

The next step is to identify the parties involved and exchange information.

Florida law requires both drivers to remain at the scene and provide their driver’s license and vehicle information to each other.

When the other driver chooses to flee the scene of the accident, an already scary situation can become much worse. Hiring a Miami car accident lawyer who handles hit-and-run cases can help protect your rights and guide you through the claims process.

Common hit-and-run scenarios in Miami

Hit-and-run accidents remain a persistent and dangerous problem on U.S. roads, and Florida is a particular hotspot. According to the FLHSMV, Florida recorded 104,273 hit-and-run crashes in 2023, roughly 25% of all traffic crashes in the state. Vulnerable road users such as pedestrians and cyclists accounted for 76% of all hit-and-run fatalities that year. Nationally, NHTSA’s 2023 crash data reported 2,872 hit-and-run fatalities, with hit-and-run drivers responsible for nearly one in four pedestrian fatalities.

Common hit-and-run scenarios in Miami include the following:

Crashes involving vehicles

Scenario	Description
High-speed highway crashes	Drivers who cause high-speed collisions while speeding may flee the scene because they can be charged with reckless driving. There is a dramatically elevated risk of serious injury and death at high speeds. NHTSA data shows speeding contributed to 29% of all U.S. traffic fatalities in 2023, meaning an at-fault driver could face felony charges rather than a misdemeanor when high speed contributed to a crash.
Impaired or unlicensed drivers	Driving under the influence (DUI) occurs when drivers operate motor vehicles while their blood alcohol content (BAC) is over the legal limit. Driving with a high BAC impairs their judgment and slows their response times. Unlicensed drivers are operating vehicles without a driver’s license. For more on DUI accident liability, speak to our legal team.
Nighttime or low-visibility accidents	Drivers may not realize they’ve struck someone or something if they’re driving at night, or during bad weather, and have limited visibility.
Parking lot accidents	Parking lot hit-and-run accidents typically involve motorists hitting parked cars. If they do not wait for the vehicle’s owner or leave contact information on the vehicle, the accident is classified as a hit-and-run.
Rear-end collisions at intersections	Drivers can back into vehicles at intersections, particularly if they decide to change lanes or turn instead of going straight. Learn more about rear-end accident claims.

Crashes involving non-motorists

Scenario	Description
Bicycle or scooter hit and runs	Drivers may leave the scene after hitting a bicyclist or scooter operator because they don’t realize they hit them, or because they’re afraid of the legal implications if the victim dies.
Pedestrian hit and runs	Pedestrian hit-and-run accidents are alarmingly common. NHTSA’s 2023 data shows that 24% of all pedestrian traffic fatalities involved a hit-and-run driver. Drivers flee because they did not realize they struck someone, because they fear criminal charges, or because they were driving while impaired.

Why drivers flee the scene

Drivers may leave the accident scene for multiple reasons:

Reason	Explanation
DUI	Impaired drivers can be charged with driving under the influence (DUI). In an attempt to avoid DUI charges, they may leave the scene.
Fear of legal repercussions	Drivers involved in a hit and run while breaking traffic laws (such as speeding or driving under the influence) may flee in an attempt to avoid charges.
Financial fears	Drivers may face higher insurance premiums after a claim. Underinsured drivers may be afraid they can’t afford to pay accident-related claims.
No insurance	Individuals driving without a minimum of $10,000 of both personal injury protection (PIP) and property damage liability (PDL) insurance can be fined and have their license and registration suspended. Learn more about driving without insurance in Florida.
Undocumented	Undocumented persons may leave the scene to avoid being detained by immigration officials.
Unlicensed	Unlicensed drivers may leave the scene because they’re afraid of the legal repercussions from driving without a license.
Warrants	Individuals with open warrants for their arrest may leave the accident scene to avoid being arrested.

Immediate steps to take after a hit and run

Hit-and-run victims should take the following steps after the accident:

1. Report the accident: File a police report. Call 911 and have them send the police and paramedics if anyone is hurt. Wait for the police to arrive. This report is needed for pursuing an insurance claim and a potential personal injury lawsuit.

2. Stay at the scene: Unless paramedics remove you for medical care, stay at the scene until you file a police report.

3. Seek medical attention: Medical professionals will identify injuries and provide proper treatment. Getting medical care promptly also creates records that strengthen your personal injury claim.

4. Document the scene: Compile written, photographic, and video evidence of the accident and scene. Your notes, videos, and photos can help establish who’s at fault. For more on gathering evidence in a hit-and-run case, see our guide.

5. Consult an attorney: Whether the accident occurs in Miami or Miami Beach, you should consult a hit-and-run accident attorney. Hit-and-run lawyers are knowledgeable about Florida law, and skilled in pursuing hit-and-run cases to get injury victims the compensation they deserve.

Understanding hit-and-run accidents in Florida

You can pursue a claim for a hit-and-run accident. Initiating a hit-and-run case involves the following steps:

Steps to initiate a hit-and-run claim

Consultation: Speak to a Miami hit-and-run injury attorney. Bernstein & Maryanoff provide free consultations. You don’t have to pay a cent to tell us about your accident and get answers to your questions.
Investigation: Once you hire a hit-and-run lawyer in Miami, your lawyer will oversee an investigation into your accident. Your legal team will collect documentation, interview witnesses, and use their investigative skills to establish fault for the accident. This evidence may help identify the at-fault party.
Negotiation: Once the hit-and-run driver is identified, your lawyer will pursue a claim with their insurance company. Your lawyer will meet representatives from the insurance company, and present evidence to support your claim. Your lawyer will attempt to negotiate an out-of-court settlement that awards you the maximum compensation for your injuries.

Your lawyer will present your case at trial if they cannot secure fair compensation through negotiation with the insurance company.

Familiarizing yourself with legal definitions and Florida laws can help you as you navigate a hit-and-run accident claim. For a full statistical picture of how frequently these crashes occur across the state, see Florida’s 2023 Traffic Crash Facts Annual Report, the official FLHSMV dataset tracking every reported crash statewide.

Florida hit-and-run laws and definitions

Legal term	What it means for your case
Florida Statute 316.061	Florida Statute 316.061 requires drivers to remain at the accident scene if the accident caused property damage, injuries, or fatalities. Drivers who do not remain at the scene can be charged with a hit and run.
No-fault state	Drivers must carry PIP and PDL insurance, which covers their costs after an accident. The costs do not automatically fall to another party’s insurance company.
Felony vs. misdemeanor	A hit and run is a misdemeanor. A hit and run involving injuries or fatalities is a felony, which involves more severe penalties, such as longer prison terms. See our guide on the difference between a misdemeanor and a felony in Florida.
Statute of limitations	Florida car accident victims have two years to file claims stemming from a misdemeanor; hit-and-run accident victims can extend the deadline if the driver flees and hides to avoid responsibility. Review the Florida car accident statute of limitations for more detail.
Extended rights	Taking appropriate legal steps ensures you retain your right to take legal action when the at-fault party is found. Your rights will not expire, even if the at-fault party is never located.

Do I have a hit-and-run accident claim?

You may have a hit-and-run accident claim in two circumstances:

1. Legal claims based on the other party’s fault for the accident

First, if you’re injured because the other party causes the accident in the first place, you may bring a claim. A hit-and-run accident is an accident, first of all.

The standards of legal negligence apply to the crash, as well as the other driver choosing to leave the scene. Our negligence attorneys can help build your case.

Your right to file a claim based on the events leading to the accident doesn’t change because the other driver flees. You have a claim if you’re the victim of an accident caused by the other party.

In Florida, minimum injury thresholds may apply. A first-party insurance claim may be available to you in addition to a third-party claim.

Our attorneys can help you evaluate your case to determine all of your rights and options.

2. Legal claims based on the hit and run

Second, a legal claim may be based on the events surrounding the hit and run. Fleeing from an accident scene is a crime.

It can also make an already serious accident much worse. When the other party flees the scene, it can leave you without the medical care that you need. It can cause you panic and stress.

A legal claim may be based on the circumstances surrounding the hit and run, in addition to the events of the accident.

What damages can a hit-and-run victim recover?

Hit-and-run car crash victims can seek economic (monetary), non-economic (non-monetary) damages, and at times, punitive damages.

Victims can seek punitive damages if the at-fault party was guilty of gross negligence.

The at-fault driver may be responsible for these damages, or they may share liability. For example, accident victims may have a claim against a vehicle’s manufacturer if product defects caused or contributed to the accident.

Economic damages

Monetary damages are reimbursements for accident-related expenses or compensation for anticipated costs or financial losses stemming from the accident. Grounds for economic damages include the following:

Damage type	What it covers
Burial and funeral costs	If a person dies in the accident, their estate can seek compensation for expenses, including burial and funeral costs through a wrongful death lawsuit.
Child care expenses	Accident victims with children may need help with child care during their recovery.
House cleaning and home maintenance	Accident victims can seek reimbursement if they need to hire house cleaners and maintenance people to look after household tasks during their recovery.
Job retraining	Accident victims with severe or permanent injuries may need to train for a new career if they’re unable to return to their current profession.
Lost wages	Accident victims may miss out on earning income because of their injuries. They can seek compensation for lost wages, including anticipated future lost wages if they need more time off work to recover.
Medical expenses	All accident-related medical costs: ambulance bills, assistive devices, counseling and therapy, medical appointments and tests, occupational therapy, physical therapy, prescription medication, speech therapy, repair bills, and transportation costs.
Future medical expenses	Ongoing medical care costs for long-term treatment, surgeries, rehabilitation, and any future procedures needed as a result of injuries from the hit-and-run crash.

Non-economic damages

Non-economic damages provide compensation for personal suffering. Grounds for non-economic damages include:

Anxiety
Depression
Grief
Loss of consortium
Loss of quality of life
Pain and suffering
Phobias
Post-traumatic stress disorder (PTSD), learn about PTSD after a car accident

Insurance payouts

Insurance companies may pay out some costs following a motor vehicle accident. Insurance may also cover some medical bills and property damage costs.

Insurance payouts cover some of your critical expenses. Even if the driver is never found, you will receive some of the financial compensation you deserve. Learn more about dealing with insurance after a car crash.

Punitive damages

Punitive damages may be awarded when gross negligence contributed to the traffic accident. Punitive damages are a financial penalty intended to punish the at-fault party. Punitive damages could apply to accidents caused by road rage, distracted driving, or violating traffic laws.

How our Miami hit-and-run accident lawyers can help you

Hit-and-run accident victims may suffer long-term or permanent physical impairments and trauma, resulting in mental health challenges that require treatment from mental health professionals. Catastrophic injuries like spinal cord injury or traumatic brain injury can permanently change a victim’s life.

Even if you should recover from your physical injuries in a few weeks or months, you will have practical concerns to deal with, such as arranging transportation, completing routine tasks, and coping with the financial costs of your accident.

Bernstein & Maryanoff’s Miami hit-and-run attorneys handle your legal claim so that you can prioritize your recovery.

While you heal, we’ll handle the following tasks:

Provide counsel: We will answer all the questions you have, and provide the legal information you need to make informed decisions about your claim. We will also help you calculate the amount of damages to seek, making sure your claim includes all grounds for monetary and non-monetary damages.
Investigate: Our legal team will gather evidence and eyewitness statements to confirm how the accident happened, and identify contributing factors relevant when determining fault.
Identify the at-fault party: We use the evidence collected in our investigation to determine who is at fault. If more than one party is at fault, we use this evidence to establish the percentage of blame for each at-fault party.
Establish negligence: We will collect evidence to prove the responsible party’s legal negligence.
File claims: We prepare all the legal paperwork and initiate claims with the at-fault party’s insurance company, or applicable third parties, such as businesses or car manufacturers.
Negotiate: Your lawyer will handle all communications with the insurance company and present evidence during negotiations to secure you the maximum compensation available.

We will provide expert legal representation at trial if we’re unable to resolve your claim during negotiations.

You may wonder what happens if you were partially at fault for the accident. Under Florida’s comparative negligence law, as long as your percentage of blame does not exceed 50%, you can still seek compensation through a personal injury lawsuit.

Types of injuries in hit-and-run accidents

Hit-and-run crashes cause a wide range of injuries, from minor to life-threatening. Because the at-fault driver often flees before emergency services arrive, victims may experience delayed treatment that worsens their condition. Common injuries from hit-and-run motor vehicle accidents include:

Whiplash and soft tissue injuries
Broken bones and fractures
Traumatic brain injuries
Spinal cord injuries
Neck, back, and spinal injuries
Internal organ damage
Cuts, lacerations, and road rash

Accident victims who sustain serious bodily injury should keep detailed medical records. These records serve as evidence in your personal injury accident claim and help your attorney recover compensation for all medical expenses, including future medical expenses tied to long-term care.

Results you can trust

With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.

$2,225,000

Auto Accident

$3,000,000

Truck Accident

$2,250,000

Medical Malpractice

$1,750,000

Slip and Fall

$962,000

Nursing Home Abuse

$780,000

Motorcycle Accident

$600,000

Car Collision

$450,000

Drunk Driver

Why choose us

At Bernstein & Maryanoff, we understand how scary and overwhelming the aftermath of an accident can be. We take a client-centered approach so that each accident victim we work with receives the legal assistance they need.

Things that set our personal injury law firm apart include the following:

Proven results: We’ve recovered over $500 million in compensation for injury victims.
Personal involvement: Your lawyer doesn’t pass off your case to paralegals and investigators. They’re personally involved throughout every step of the legal process.
Effectiveness: Our strategy has helped us secure hundreds of millions from insurance companies for accident victims.
Extensive network: We have a network of professionals who can provide testimony and information that supports your claim.
Contingency fees: Bernstein & Maryanoff receive a percentage of your settlement once we win your case. If we don’t win, you don’t pay. Learn more about what a contingency fee is.
Bernstein & Maryanoff’s legal team is familiar with Florida laws. We know Miami and Miami Beach, and our familiarity with Miami Dade County and the local area helps us secure evidence that can support your claim.

It often takes up to two years to resolve a car accident claim. Bernstein & Maryanoff provide clear communication and legal support throughout that entire time, and fight to get you a fair settlement as quickly as possible. Learn about our auto accident claim timeline.

What our clients say about us

Bernstein & Maryanoff have over 40 years of experience helping injury victims get justice. Clients highly recommend our services and praise us for the following:

Attention to detail
Authentic concern
Detailed information
Excellent service
Helpfulness
Professionalism
Prompt service

Frequently asked questions about Miami hit-and-run accidents

Miami hit-and-run accident lawyers taking cases now

The Bernstein & Maryanoff, Injury Attorneys, Miami legal team offers you complete legal representation. We do everything that needs to be done to get you from where you are to having a check in your hands. We’re here to take your call now.Call us today at 1-800-429-4529 for a free consultation.