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Motor vehicle accidents of any type can be distressing events for drivers and their passengers. However, automobile accidents involving hit-and-run drivers can be even more troublesome. A hit-and-run accident involves a driver illegally fleeing the scene of a major or fatal collision without stopping to report the incident or rendering aid as required under the law.

Contrary to popular belief, not all hit-and-run drivers are at fault in the accidents in which they are involved, but it is frequently the case. So, why do drivers flee the scene? There can be any number of reasons ranging from the driver not having insurance or a valid driver’s license to the driver being drunk or impaired by drugs and/or alcohol. 

Ft. Myers personal injury attorney Randall Spivey has helped thousands of injured individuals recover from those who have caused a motor vehicle accident, whether they remained on the scene or decided to flee the area.

A Look at Hit-and-Run Collisions

According to an article in the Sun Sentinel, the Florida Highway Patrol has had to deal with thousands of drivers throughout the state who have fled crash scenes. Records show a steady increase in the numbers from 2013 when there were a little over 16,000 hit-and-runs in Miami-Dade County to more than 17,400 in 2014. Statewide, close to 80,000 drivers fled the accident scene in 2013 while almost 85,000 fled in 2014.

Over the past few years, various laws have been initiated to provide for increased punishments for individuals convicted of hit-and-run offenses.

Florida v. Dorsett Leads to a Standard Shift in Criminal Cases, But Not in Civil Claims

The state Supreme Court recently reviewed the case of Florida v. Dorsett, a hit-and-run case involving a 15-year-old skateboarder who was hit by Dorsett, who was operating a motor vehicle. Dorsett claimed he had no idea he had hit anyone due to how loud his music was at the time. He also claimed he only found out about the accident when law enforcement came to his home hours later.

As a result of the accident, the 15-year-old sustained a traumatic brain injury, a fractured and dislocated hip and several fractures and facial cuts. The district court handling the case asked the higher court to consider the following question: “In a prosecution for violation of section 316.027, Florida Statutes (2006), should the standard jury instruction require actual knowledge of the crash?”

Based on the state Supreme Court’s review of the case, it will now be more difficult, from a criminal standpoint, for prosecutors to prove hit-and-runs and obtain convictions, noting that they will now be required to show that anyone charged with hit-and run had actual knowledge that he or she was involved in a collision.

Jurors hearing such cases at the criminal level will be advised that this standard of proof is required in order to convict an individual. Given the Court’s determination, court documents note that the case will return to trial for additional proceedings.

However, the good thing is that injured individuals can pursue a civil case, which has a lower burden of proof. Those bringing civil claims will not be subject to the more difficult criminal standard mentioned above in order to receive compensation for medical bills, lost wages and pain and suffering. Randall Spivey and his team will help you obtain the justice you deserve, as well as any compensation to which you may be entitled.

If you or someone you love has been injured in a hit-and-run accident and you have questions or concerns about your legal options, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. today.