Rights of Florida Hit-and-Run Accident Victims
November 29, 2022 | Category: Automobile Accidents, Motorcycle Accidents, Truck Accidents | ShareThe American Automobile Association (AAA) reported that hit-and-run accidents account for about 5 percent of all traffic deaths. Southwest Florida had a total of more than 5,000 hit-and-run crashes between January and November 2021. Of the 5,000 crashes, 14 were deadly, and more than 900 caused injuries.
Lt. Greg Bueno of the Florida Highway Patrol (FHP) reported to WINK News in January 2022 that Lee County had more than half of the total hit-and-run crashes reported.
"There shouldn’t be any, because if you’re involved in a traffic crash, you must stay there,” Lt. Bueno said. “It’s so frustrating to go to 911 calls and scenes as a first responder and see the level of unaccountability by people because they leave a scene and someone’s laying there deceased or seriously injured. You know, we have zero tolerance for it. It’s frustrating. And we’re hoping that it’s frustrating to the community, as well, because it should have touched enough people’s lives by now.”
Leaving the scene of an accident is illegal. Drivers are required by Florida law to stop, provide information, and arrange for any needed medical care. If drivers fail to do so, they are guilty of what are called “hit-and-run” accidents.
A victim of a hit-and-run accident may be confused and overwhelmed following an accident. Frustration is often typical knowing the negligent driver just drove away. Our hit-and-run attorneys assist accident victims to obtain the compensation to which they are entitled under Florida law. Here are two Florida statutes that cover traffic accidents:
- Florida Statute §316.027– Crash involving death, serious injury, or other personal injuries
- Florida Statute §316.062– Requirements for exchanging information and seeking medical attention
Florida Hit-and-Run Laws – Serious Injury Definition
Florida law §316.027 defines “serious injury” as an injury that 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.
Report Hit-and-Run Accidents
No matter how minor the damage or injuries may appear to be, it is important to report hit-and-run accidents to 911. With prompt notification, accident victims can help responding authorities act quickly while the negligent driver is still in the area and important evidence is still at the scene. The more quickly one reacts, the more likely is it that key evidence will be available, such as paint marks, etc.
How a Fort Myers Hit-and-Run Accident Lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. Assists Clients in Proving Hit-and-Run Cases
There is evidence that is needed to prove a hit-and-run personal injury case that includes:
- A defendant drove the vehicle.
- A crash happened.
- Someone was injured or tragically died.
- The negligent driver did not stop and provide personal information or did not arrange for any medical care for injured victims as required by Florida law.
- The jurisdiction is appropriate for filing a personal injury lawsuit.
Evidence That Can Prove a Hit-and-Run Personal Injury Case
There are various ways Spivey Law Firm, Personal Injury Attorneys, P.A. can obtain evidence to prove a case that includes, but is not limited to:
- Witness testimonies - Witnesses can describe the hit-and-run vehicle and even may be able to provide a driver’s description.
- Pictures – Pictures of the scene may divulge evidence left behind from a damaged hit-and-run vehicle and other evidence.
- Videos – Surveillance videos may be obtained from nearby sources such as residence and commercial property cameras.
Compensation for Victims of Hit-and-Run Accidents
Compensation after an accident includes all accident-related damages. There is only one chance to recover damages. After a verdict or settlement, it is too late.
Compensation is based on damages for the initial accident along with any additional harm that could come because negligent drivers left the scene without fulfilling their legal obligations. When accident victims do not receive timely medical care, their injuries may become worse or lead to tragic deaths.
Our Florida Personal Injury Lawyer Randall Spivey helps hit-and-run accident victims explore their options for financial recovery after an accident. Contact Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com. There are no costs or attorney fees until we receive a monetary recovery for you.