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Leaving the scene of an Accident / Hit and Run
When a driver isinvolved in an accident with another individual’s property; such as a vehicle, building, or structure and they leave the scene without giving their name, address, registration, and driver’s license to the owner of the property, they will be charged with leaving the scene of an accident. This criminal offense is also known as a Hit and Run.
If the owner of the damaged property is not available to receive the driver’s information then the driver is required by law to report the accident to the nearest law enforcement department and provide them with their information.
In Florida, leaving the scene of an accident is a serious criminal offense that carries with it severe penalties.
Driver’s Responsibility to Help
Florida law requires that if a driver is involved in an accident they are to:
Stop immediately
Provide their information to the opposing party
Provide assistance to any injured or deceased person involved in the accident by getting them medical treatment if the treatment is needed or requested from the person
Leaving the Scene of an Accident’s Penalties
When a driver leaves the scene of an accident they commit a criminal offense and they will be charged with heavy penalties. The penalties for leaving the scene of an accident vary by each case and the circumstances involved in the crime. Leaving the scene of an accident is broken up into three categories, which all have different penalties. The three categories are an accident involving, property damage, personal injury, or death.
Accident Involving Property Damage
If a driver is found guilty of leaving the scene of an accident that only involves property damage they will be charged with a second degree misdemeanor. The penalties that come along with this charge are:
Up to sixty days in jail
Up to six months of probation
Up to a $500 fine
Accident Involving Injury
If a driver is found guilty of leaving the scene of an accident that involves an injury of another personthey will be charged with a third degree felony.The penalties for this crime are as follows:
Up to five years in prison
Up to five years of probation
Up to a $5000 fine
Accident Involving Death
If a driver is found guilty of leaving the scene of an accident that involves the death of another person they will be charged with a First Degree Felony. The penalties for this crime are as follows:
Up to 15 years in prison
Up to a $10,000 fine
Defenses to Leaving the Scene of an Accident
For smaller accidents with minimal damage, a driver may not have been aware that they caused damage to another person’s property. For example, if a driver was backing out of a parking space a gently bumped another person’s car, they may not have felt it and therefore had no knowledge of the accident.
Another defense for leaving the scene of an accident is that some people are traumatized or physically unable to report the accident due to injuries they acquired from the accident. If this is the case, a person should not be reprimanded for not leaving their information being that they were unable to do so.
Don’t Take the Hit for this Charge
If you have been charged with leaving the scene of an accident, contact the trusted attorneys at Finebloom, Haenel and Higgins and allow them to handle the stressful stages of fighting your case. We here at Finebloom, Haenel and Higgins have over 30 years of experience fighting criminal law and we are highly experienced and knowledgeable when it comes to getting your charges reduced or completely dismissed. Call us anytime and set up a free consultation to learn more about your case and to have all of your questions answered by our friendly and attentive staff that is available 24/7. Call us now at 1-800-FIGHT-IT (1-800-344-4343).