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Hit-and-run crashes are increasing at an alarming rate in Florida. Florida had more than 80,000 hit-and-run crashes last year. Fatal hit-and-run crashes increased by 23 percent in Florida between 2013 and 2014, and nearly half of those victims were pedestrians, according to the Florida Highway Patrol (FHP). The agency is hosting press conferences around the state to educate drivers on the consequences of leaving a crash.

The FHP in partnership with the Florida Sheriffs' Association, the Florida Police Chiefs' Association, Students Against Destructive Decisions and the Florida Department of Transportation is presenting the “Hit & Run: Bad 2 Worse” campaign. This campaign "aims to  reduce the number of hit-and-run crashes in Florida by educating drivers on their responsibilities if involved in a crash and the consequences they face if they leave a crash scene."

What is a hit-and-run accident?

Any time a driver intentionally leaves the scene of an accident without providing contact information is called a "hit-and-run" accident. Hit-and-run accidents include vehicles which are involved in crashes and leave the scene as well as drivers who hit parked vehicles and fails to leave contact information.

In a February 16, 2015 article in the Sun Sentinel, FHP spokesman, Sgt. Mark Wysocky said, "The reasons people leave crash scenes vary, from being uninsured, undocumented or unlicensed to being intoxicated or having an arrest warrant. Other times, a driver might just be scared."

Laws against hit-and-run drivers

As a driver, it is your responsibility to remain at the crash scene, help anyone injured and provide insurance, vehicle and driver information for a traffic report. According to the Florida law 316.07, leaving the scene of a crash is a second-degree felony, and last year the penalty for leaving the scene was increased. It requires mandatory minimum sentences of four years for drivers convicted of leaving the scene of a fatal crash. Drivers who leave an accident could also have their license revoked for three years under the Aaron Cohen Life Protection Act. Additionally, insurance companies can void the policies of drivers involved in this offense. (For more information on the new law see our blog New Florida Law Toughens Penalties for Hit-and-Run Drivers.)

What to do after a hit-and-run accident

As a driver, you will benefit if you are a careful observer. Having more information increases the chances that the police will catch the driver who hit you. It also helps your car insurance company make decisions about your claim.

Please keep in mind these points:

1. The most important thing to do first is to be sure everyone is safe and call 911.
2.  Get as much information as you can about the vehicle that hit you. Write down a description of the vehicle including make, model, color and approximate year, if possible. Try to remember the license plate number, and the direction in which the driver was traveling. Write down the time and location of the accident. Take pictures of the accident scene and pictures of your vehicle with your cell phone.
3. See whether there are any possible witnesses to the accident. Speaking with anyone who is in the area and may have witnessed the accident can be important. It is important to make every effort to do this. If this is not possible, getting contact information of witnesses for the police will be helpful for them in investigating the accident.
4. With the information now gathered, file a hit-and-run accident report with law enforcement. This is important and should be done immediately.

If you were not present when your vehicle was damaged, you can still file a hit-and-run report with the police department. The department will conduct an investigation and, hopefully, locate the responsible party.

Who pays?

If authorities are able to apprehend the driver, you may be able to go after the driver's insurance, if he/she has insurance. If the driver is uninsured, or underinsured, the situation may be different. This is the situation where a person's own uninsured motorist coverage is essential.  Insurance may be available either through the driver's own policy, or the vehicle owner's policy. Therefore, it is crucial that an injured person contact experienced legal counsel at Spivey Law Firm, Personal Injury Attorneys, P.A.

"If you or a loved one have been involved in a hit-and-run accident, it is important to surround yourself with knowledgeable, caring professionals when dealing with complex insurance and legal matters. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A.," says Attorney Randall Spivey.

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.