Latest Blogs

“In November 2015 we blogged in Florida Has One of the Highest Hit-and-Run Rates in the United States about the problem of the unlawful and dangerous action of hit-and-run accidents. As the Florida Department of Highway Safety and Motor Vehicles (DHSMV) recognized this issue this month in its campaign Hit-and-Run Awareness Week, we at Spivey Law Firm, Personal Injury Attorneys, P.A. are joining their effort by calling to your attention the seriousness of this issue through this blog,” said Naples Personal Injury Attorney, Randall Spivey.

In 2015, there were more than 92,000 hit-and-run crashes across the state of Florida leading to thousands of injuries and nearly 200 deaths.

One such hit-and-run accident happened in October 2015 in Clearwater. According to the News Channel 8:

Viola Flores, and her boyfriend, John Berg, were vacationing in Clearwater when they were hit and killed while crossing the Memorial Causeway on October 18. The driver left the scene. Ms. Flores’ daughter, describing the heartbreaking conversations she’s had with her daughter said she is, “Trying to explain to my daughter why her grandma hasn’t come home, trying to explain to her why she can’t call her.”

Crash data from the National Highway Traffic Safety Administration show that the number of fatal hit-and-run crashes is trending upward, from 1,274 in 2009, to 1,393 in 2010, to 1,449 in 2011, the most recent year for which statistics were available.

On January 18, 2016, NBC-2 reported that a 60-year-old man from North Dakota was struck while riding his bicycle. The vehicle fled the scene. FHP (Florida Highway Patrol) reported that the bicyclist was riding against traffic and had his front light illuminated and the rear strobe light activated.

In 2014 a Fort Myers, FL bicyclist was riding his bicycle home from a high school football game on November 7 when he was struck and killed. Since the driver left the scene of the accident, the crime remains unsolved. The bicyclist’s death was one of 175 hit-and-run fatalities in 2014. Lee County is ranked ninth in Florida in hit-and-run accidents in 2014, according to NBC-2 News.

The Orlando Sentinel reported that a jogger from Brevard County, FL went for a morning jog and never returned home. His family and friends later found him after he died. Sgt. Kim Montes said, “There appears to be parts of a vehicle left at the scene.”

“These victims and others may have been saved if drivers did the lawful and humane action of staying at the scene and getting assistance,” said Attorney Spivey. “The FHP maintains a web page with lists of active hit-and-run cases in Florida. To access this list, go to its database at FHP. On this database there are descriptions of what happened, some with photos, and who to contact with information.”

Why would someone leave the scene of an accident?

Colonel Gene Spaulding, director of the FHP, said, “People leave the scene of a crash for several reasons. They are scared; they may be impaired; they may have a suspended driver’s license, or they may not have insurance. No matter what the reason, as a driver, it is your responsibility to remain at the crash scene to respond and help anyone who’s injured.”

Does Florida law address hit-and-run drivers?

Under Florida law, a driver MUST stop immediately at the scene of a crash on public or private property which results in injury or death. Leaving the scene of a crash is a felony, and a driver, when convicted, will have his/her license revoked for at least three years and can be sentenced to a mandatory minimum of four years in prison. Leaving a crash involving a death can result in up to 30 years in prison.

Causing an accident may result in drivers’ being sued in civil court for damages. These damages may include repair costs to the victim’s vehicle or other damaged property, medical expenses, lost wages and other damages. In some cases, courts have found that leaving the scene of an accident could be seen as intentionally causing the victim further distress.

FHP says that if you or a loved one is the victim of a hit-and-run accident, try to record the license plate number, and get a description of the vehicle, including make, model, color and approximate year, if possible. Contact the police and report this information as soon as possible, and be ready to also report your location and the direction in which the driver was traveling.

“Your next step should be to contact an experienced attorney, such as those at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Attorney Spivey.

Naples Personal Injury 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.