Leaving the scene of an accident, also commonly referred to as a hit and run, involving property damage is recognized as the driver’s failure to carry out their statutory duties according to Florida Statute 316.061. Every driver is required to remain at the scene of an accident under Florida law. However, if they decide to leave and fail to fulfill their statutory duties, then they will be facing severe punishments.
When an individual passes their driving test in the State of Florida, they automatically assume a duty of care on the road. The duty of care is known as the driver’s responsibility to operate their vehicle safely and in accordance with the law, which helps to ensure the safety of themselves and other road users in Tampa. However, an individual will have to answer to the judge and jury in the event that they violate this duty of care by committing a traffic violation, such as leaving the scene of an accident or getting caught drunk driving in the State of Florida.
If you are facing charges for leaving the scene of an accident involving property damage, then you will need the help of a skilled lawyer to handle your case. It is important for your future that you seek representation from a reputable law firm as soon as you possibly can, as this will give you the best chance of achieving a reasonable outcome for your case. The penalties for a hit and run charge usually tend to involve hefty fines, jail time, and up to six points on your driver’s license. However, this will heavily depend on the specifics of your case and your previous criminal history record.
At The Law Place, we have over seventy-five years of combined experience when it comes to tackling cases from car and truck accidents, DUI charges, hit and run charges, personal injury claims, and much more. Our law firm has had the privilege of assisting clients and successfully managing cases in Tampa and across the State of Florida. We have a highly trained team of Tampa criminal defense lawyers who have the necessary knowledge and skills to guide you through the legal system and protect your legal rights.
If you are looking for the best legal advice for your leaving the scene of an accident involving a property damage charge, then get in touch with The Law Place today. A criminal defense lawyer will be able to talk you through the process and answer all your questions.
Contact us now on (941) 444-4444 for a free consultation, and we will fight your leaving the scene of an accident involving property damage charges together in Tampa, Florida.
Statutory Duties Involving Property Damage in Tampa, FL.
Every driver must fulfill these statutory duties before they are legally allowed to leave the scene of an accident involving only property damage under Florida law:
- Stop – The driver must stop their car as close to the location of the Tampa car accident as they possibly can.
- Inform – The driver must find the owner of the damaged property and gather their contact information, such as their name, license, and vehicle registration number.
- Driver’s license – The driver must reveal their license if the other driver involved in the accident or the law enforcement officer has asked to see it.
- Information – The driver must hand over their name, license, vehicle registration number, address, and any other relevant information to the law enforcement officers upon request.
- Absent owner – The driver must find and inform the owner of the property if they were absent from the crash and the damages that occurred. However, if the driver is unable to locate the owner of the property, then they have to write a note leaving their name, address, and vehicle registration number and securely attach it in a safe place where the owner can see the information.
- Law enforcement – The driver is obliged to inform law enforcement or the police department following the car accident.
To read further on a driver’s statutory duties when involved in a car accident which resulted only in property damage, look into Florida Statute 316.061 and Florida Statute 316.063.
Statutory Duties Involving Bodily Injury or Death in Tampa, FL.
Every driver must fulfilll these statutory duties before they are legally allowed to leave the scene of an accident involving bodily injury or death under Florida law:
- Pull over – The driver must pull over their vehicle as close as possible to the site of the Tampa car accident.
- Information – The driver must give their name, address, and vehicle registration number to the other driver involved in the accident.
- Driver’s license – The driver must show their license to the police officer or the other driver if they have asked to see the information.
- Police officers – The driver must give their license, address, vehicle registration number, and other information to the police officers at the scene of the accident.
- Reasonable assistance – The driver must be willing to offer reasonable assistance to the injured individual if they request medical treatment. This could also include calling for emergency services and arranging for them to be taken to the hospital.
- Report – The driver must report the car accident to law enforcement or the police department if the other individual is injured and they are not in the position to do so.
To read further on a driver’s statutory duties when involved in a car accident that resulted in serious bodily injury or death, please see Florida Statute 316.062 and Florida Statute 316.027.
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Required Proof in the Courtroom in Tampa, FL.
In Florida, the prosecution is required to prove that the driver failed to fulfill their statutory duties and chose to leave the scene of an accident beyond any reasonable doubt. Some of the key points they must prove include:
- The driver was the one operating the vehicle that resulted in an accident and caused property damage, bodily injury, or wrongful death of another individual.
- The driver was aware or should have known that they were in a Tampa car accident.
- The driver was aware or should have known that the Tampa car accident caused property damage, bodily injury, or death of another individual.
- The driver failed to give their identifying information to the police officer or the other driver involved in the accident at the scene.
- The driver failed to offer reasonable assistance to the individual who was injured at the scene.
- The driver did not remain at the scene of the accident, or they failed to stop as close as possible to the scene.
To further explain, ‘identifying information’ refers to being able to provide your name, address, and vehicle registration number upon the request of a law enforcement officer or the other individual involved in the accident. Identifying information could also include showing a driver’s license or permit.
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Penalties for Leaving the Scene of an Accident in Tampa, FL.
If a driver is caught leaving the scene of a car crash, then they might be facing the following penalties, depending on the nature and severity of the accident:
- Accidents involving only property damage – A driver who is caught leaving the scene of an accident which resulted in only property damage will be charged with a second-degree misdemeanor according to the law in Tampa, Florida. The penalties will include receiving a fine of up to $500 and spending up to 60 days in jail.
- Accidents involving bodily injury – A driver who is caught leaving the scene of an accident which resulted in the injury of another individual will be charged with a third-degree felony according to the law in Tampa, Florida. The penalties will include receiving a fine of up to $5,000, spending up to 5 years in jail, and 5 years of probation.
- Accidents involving death – A driver who is caught leaving the scene of an accident which resulted in the death of another individual will be charged with a first-degree felony according to the law in Tampa, Florida. The penalties will include receiving a fine of up to $10,000 and spending up to 30 years in prison. If the driver was under the influence of drugs or alcohol at the time of the hit and run, which resulted in the bodily injury or death of another individual, then they will be facing a minimum of 2 years in prison.
In addition, all drivers who are caught leaving the scene of an accident that resulted in the bodily injury or death of another individual will also face the potential risk of their driver’s license being revoked at the judge’s discretion in the State of Florida.
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Defenses to Leaving the Scene of an Accident in Tampa, FL.
The Law Place specializes in developing strong defense strategies and methods to battle charges in relation to traffic violations, such as DUI charges, leaving the scene of an accident, reckless driving, car accidents, and more. A skilled lawyer will be able to employ the following defense strategies in an attempt to reduce your charges and minimize the severity of the consequences:
- Identity – Disputes as to the actual identity of the driver who caused the accident.
- Lack of knowledge – The driver lacked knowledge or awareness that a collision with another car occurred.
- Lack of awareness – The driver lacked knowledge or awareness that a crash occurred that impacted another individual’s vehicle or personal property.
- Emergency – The driver’s failure to stop at the scene of the accident was not on purpose but due to special circumstances or an emergency.
- Stopped – The driver did what they could to stop as close as possible to the scene of the car accident.
- Denied information – The other driver involved in the accident refused to take the identifying information from the driver.
- Hostile – The other driver involved in the accident became aggressive and hostile. They demanded that the driver leave the scene to find and bring back the law enforcement or police department.
- Reasonable assistance – The driver offered reasonable assistance to the individual who was injured in the accident.
It is worth noting that a hit and run charge in Tampa does not necessarily mean that it will end in a conviction, even without a viable defense. However, it is always better to get in touch with The Law Place and hire a lawyer for your case, as they will work hard to reduce the penalties and minimize the consequences that you are facing for leaving the scene of an accident.
It is important for your case that you call our law firm as soon as possible following your car accident. A criminal defense lawyer will be able to make early contact with the prosecutor and discuss the possibility of agreeing on a more lenient solution to your hit and run charge. This means that you could avoid jail time and having a permanent criminal record.
Contact The Law Place
Are you facing charges for leaving the scene of an accident in Tampa? Do you fear for your future because you failed to fulfill your statutory duties under Florida law? The good news is that you can hire the skills of a criminal defense lawyer from The Law Place to manage your case.
The Law Place has managed hundreds of cases in relation to leaving the scene of an accident, reckless driving, property damage, bodily injury, and death in the State of Florida. We have over seventy-five years of collective experience and knowledge when it comes to helping clients and fighting cases in Tampa, and we want to be the ones to help you too.
If a driver is caught leaving the scene of an accident, they will most likely be charged with a misdemeanor. However, in some situations, you could be charged with a felony offense, depending on the nature and severity of the accident. A criminal defense lawyer will be able to determine what charges you will be facing, and they would find out if the accident resulted in a personal injury or only property damage in the State of Florida.
The main role of a criminal defense lawyer will be to conduct an extensive investigation into your case, gather the facts together, negotiate with the prosecutor and insurance companies, and develop a strong defense strategy to present in front of the judge and jury. But above all else, a criminal defense lawyer will listen to you and what you have to share.
The law surrounding a hit and run in Florida can be complex and difficult to understand on your own, but this is where The Law Place can step in and lead you through the legal system. We have the necessary knowledge to help you fight your leaving the scene of an accident charge with great success.
Our law firm will explore every available option, and we will do everything that we can to reduce your charges and minimize the severity of the consequences that you are facing for leaving the scene of an accident in the State of Florida. We understand that sometimes even good people can make an honest mistake, and we want to be the ones to help you move forward.
If you are unsure of what to do next following a hit and run charge, then call The Law Place today. A criminal defense lawyer will be there to offer you legal advice on how to approach your case in the smartest way. The phone lines to our office are open twenty-four hours a day, seven days a week.
Don’t hesitate to reach out and contact us now on (941) 444-4444 for a free consultation, and we will fight your leaving the scene of an accident involving property damage charges together in Tampa, Florida.
