Leaving the scene of an accident FAQ

What is leaving the Scene of an Accident?

Leaving the scene of an accident charge occurs when a driver is involved in an accident that includes another person’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. This is also known as a Hit and Run and it is a criminal offense no matter how minor the property damage is.

Can I get in trouble for leaving the scene of an accident if nobody was hurt?

Yes, driving is considered a privilege in Florida and in order for you to obtain your driver’s license you agree to abide by certain rules. One of these rules is that you are legally bond to leave your name, address, driver’s license information, and insurance information to the owner of the property that you have damaged when you are involved in a driving accident. Even if nobody was hurt and you only caused property damage it is illegal and a criminal offense for you to leave the scene of an accident.

What variables are considered when penalizing a person for leaving the scene of an accident?

There are three variables that will determine the penalties a person will get for leaving the scene of an accident. These variables include property damage, personal injury, and death.

What penalties can I get for leaving the scene of an accident with minimal property damage?

If you leave the scene of an accident only causing property damage you will be charged with a Second Degree Misdemeanor. The penalties for this are:

Up to sixty days in jail
Up to six months of probation
Up to a $500 fine

What penalties will I get for leaving the scene of an accident where people were hurt?

If you leave the scene of an accident where other people were hurt you will be charged with a Third Degree Felony. The penalties for this are:

Up to five years in prison
Up to five years of probation
Up to a $5000 fine

What penalties will I get for leaving the scene of an accident where a death occurred?

If you leave the scene of an accident where a death occurred you will be charged with a First Degree Felony which included penalties of up to 30 years in prison and a $10,000 fine.

What if nobody is around to leave my information with, what should I do?

In Florida, you are required by law to report the accident to the nearest law enforcement department and provide them with your information if the owner of the property is not available for you to give your information to.

What if I had an emergency and had to leave?

You are required to stay, but if you need to leave you need to provide your information to the owner of the property and report the accident to the nearest law enforcement agency and explain your situation.

What if I did not realize that I hit another vehicle?

If you are being charged with leaving the scene of an accident and you did not realize that you hit another vehicle, you need to contact a lawyer immediately and let them talk to the accusing parties so that you will not be charged with the criminal offense of leaving the scene of an accident. You should not be charged with leaving the scene of an accident if you did not know an accident occurred. This may sound like it does not happen a lot, but more often than not it does happen with minor accidents.

What are the defenses for leaving the scene of an accident?

For smaller accidents with minimal damage, you may not have been aware that you caused damage to another person’s property. For example, if you were backing out of a parking space a gently bumped another person’s car, you may not have felt it and therefore had no knowledge of the accident.

Another defense for leaving the scene of an accident is that you may have been too traumatized or physically unable to report the accident due to your injuries. If this is the case, you should not be penalized for not leaving your information being that you were unable to do so.

Should I hire a lawyer to fight my charge?

Yes, you should hire a criminal defense attorney to fight your case. Leaving the scene of an accident is a criminal offense and will take an experienced criminal defense attorney to handle it properly and get you the best results.

Should I answer any questions about my actions for leaving the scene of an accident to a police officer?

If you have left the scene of an accident and a police officer has found you, they already have assumed you are guilty. If you want to explain yourself that is your choice, but your best bet is to respectfully ask for your lawyer and not answer any incriminating questions because this is your right. But, remember to always be respectful without incriminating yourself.