Leaving the scene of an accident, or a “hit and run,” is a serious criminal offense in Florida, especially when serious bodily injury is involved.
Under Florida law, you have a legal duty to remain at the scene of an accident. Otherwise, you face criminal prosecution. If any other person involved in the accident has been seriously injured as a result of your actions, it is possible that you will be facing a felony conviction.
If you have been arrested and charged with the crime of leaving the scene of an accident with serious bodily injury in North Port, The Law Place can help. We can review the facts of your case, conduct a thorough investigation into the circumstances of your accident. As a team, we will build a solid defense that could result in a reduction or complete dismissal of your charges. Our law firm handles cases involving vehicle accidents all the time. Call us today for a free consultation at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.
What Florida Law Says About Leaving the Scene of an Accident
According to Florida Statute 316.061, the following two elements must be established to be charged with the crime of leaving the scene of an accident:
- The defendant was involved in an accident or a collision with property owned by another person, such as a building, vehicle, or structure.
- The defendant willfully left the scene without providing law enforcement or the other party with their name, contact details, address, driver’s license, and registration information.
In the case where the owner of the vehicle or property is not present at the scene to take your information or cannot be located, the law requires you to report the accident to your nearest law enforcement office and provide them with your name, contact details, current address, registration information, and driver’s license.
Car Accidents Involving Serious Bodily Injury or Death
According to Florida Statute 316.027, anyone that is involved in a car accident that results in serious injury or the death of another person (including a passenger) is legally required to:
- Stop immediately at the accident scene or as close as possible to it.
- Provide their name, contact details, current address, driver’s license, and registration information.
- Render reasonable aid and assistance to anyone who has been injured or is deceased by transporting them, or arranging their transportation, to a professional for medical treatment – if it is clear that medical treatment is required or if the person requests such assistance.
If the injured party is not in a suitable condition to take your information or be transported, you are required to report the accident to an officer as quickly as possible by calling 911 or reporting to your nearest law enforcement agency as soon as you can, you should also render aid at the scene if possible.
The Penalties for Leaving the Scene of an Accident in North Port
The penalties associated with the crime of leaving the scene of an accident will be based on whether your accident resulted in personal injury, property damage, or death and will increase depending on the severity of the injuries and/or property damage caused. Therefore, if your accident resulted in the serious bodily injury of another person, you would need the help of a lawyer who can work to reduce your potential charges.
Leaving the Scene of an Accident – Property Damage
According to Florida law, if your actions resulted in property damage and you left the scene of the accident, you will be charged with a second-degree misdemeanor.
If you are convicted of this crime in North Port, a judge can choose to impose a combination of the following penalties:
- Up to sixty days in jail.
- Up to six months of probation.
- A fine of up to $500.
Leaving the Scene of an Accident – Injury
If you leave the scene of an accident after causing injury, you will face third-degree felony charges. This crime is punishable as a level 5 offense according to Florida’s sentencing guidelines.
If you are convicted of this crime in North Port, a judge can choose to impose a combination of the following penalties:
- Up to five years in prison.
- Up to five years of probation.
- A fine of up to $5,000.
Leaving the Scene of an Accident – Serious Bodily Injury
If you leave the scene of an accident that involved serious bodily injury, you will face second-degree felony charges. This crime is punishable as a level 6 offense according to Florida’s sentencing guidelines.
According to the statute, serious bodily injury is defined as an injury to a person, including the driver, which causes a physical condition that subjects them to a substantiated risk of death, severe disfigurement, or the loss/ impairment of the function of an organ or another body part.
If you are convicted of this crime in North Port, a judge can choose to impose a combination of the following penalties:
- Up to fifteen years in prison.
- Up to fifteen (15) years of probation.
- A fine of up to $10,000.
Leaving the Scene of a Car Accident – Death
If you leave the scene of an accident that caused the death of another person, you will face first-degree felony charges. This crime is punishable as a level 7 offense according to Florida’s sentencing guidelines.
If you are convicted of this crime in North Port, a judge can choose to impose a combination of the following penalties:
- A mandatory minimum prison sentence of 4 years.
- Up to thirty years in prison.
- Up to thirty years of probation.
- A fine of up to $10,000.
License Revocation
According to Florida Statute 316.027 and Florida Statute 322.0261, anyone who is convicted of leaving the scene of an accident involving injury or serious bodily injury will have their driver’s license revoked by the FHSMV for a minimum of three years. It will not be possible to obtain a hardship license unless you complete a 12-hour advanced driver improvement course.
The Impact of a Felony Conviction in Florida
If you are successfully convicted of leaving the scene of an accident involving serious bodily injury, your felony conviction will stay with you for life. You will automatically lose the right to:
- Possess and purchase a firearm.
- Vote.
- Perform jury duty.
- Travel outside the country.
- Gain employment in certain professions.
This is why it is so important that you fight your allegations and avoid a felony conviction. Call our law firm today for a free case evaluation.
Personal Injury Considerations
Florida’s sentencing guidelines include victim personal injury points, and this can result in the judge being forced to impose a minimum prison sentence. These victim injury points are usually utilized when the defendant caused the serious bodily injury of another person due to their negligent actions.
In cases where an individual is being accused of leaving the scene of an accident, the crime that they are being charged with is the act of leaving the scene following a crash, not the accident itself. As a result, victim injury points are not automatically imposed under the sentencing guidelines as the victim’s injuries were not a direct result of the defendant leaving the scene. However, if the prosecutor can establish that the victim’s injuries were worsened because the defendant failed to notify emergency services, victim injury points can be added to the sentencing calculation, and this could result in a mandatory prison sentence.
A lawyer from our law firm can seek to prove that your actions did not cause the serious injury of another person, and their injuries were not exacerbated because you left the accident scene. Call us today to find out more in a free consultation
Possible Defenses to Leaving the Scene of an Accident
A criminal defense lawyer from our law firm will build a defense based on the facts of your specific case, but there are two common defenses to the crime of leaving the scene of an accident involving serious injuries:
Total Lack of Knowledge
Knowledge of the accident is an essential element in leaving the scene cases. This is because a person cannot “willfully” leave the scene of a motor vehicle accident if they were not aware that an accident had occurred. This situation might occur when a driver slightly hits another vehicle when reversing but does not feel the impact. In a situation like this, it could be argued that the defendant was unaware they crashed into another vehicle and therefore did not remain at the scene.
In the case of an accident, that resulted in serious injuries, in order to be convicted of leaving the scene of an accident causing injury or death according to Florida law, the state has the burden of proving that the defendant had actual or constructive knowledge of the victim’s injury or death. If there is no proof of this, the defendant’s charges could be reduced to a misdemeanor leaving the scene with the help of the right lawyer.
Physically Unable to Report the Accident
If you were yourself injured in the crash and were rendered physically unable to report it, under Florida law, you are exempt from fulfilling the legal requirement of leaving your name, contact information, driver’s license, address, and registration information. If the crash was so serious that it resulted in the serious bodily injury of the other driver, it is likely that you were also injured in some way. A lawyer from our law firm can gather evidence to show that you were not legally obliged to fulfill the requirements of the statute.
Things to Do at the Scene of an Accident
As we have established, your behavior at the scene of an accident could affect not only any potential charges but also your own ability to file a personal injury claim. All drivers should always follow these key steps to reduce the negative impact of a crash.
- Remain at the scene -You may be in a state of panic, but the worst thing you can do is leave the scene, especially if there are serious injuries. Stop the vehicle and comply with any orders given by law enforcement.
- Check for injuries – Regardless of who is at fault, under Florida’s no-fault system, you will be entitled to file an insurance claim. Even if you suspect that your own injuries are minor, seek medical attention. You are required to offer assistance to any other drivers or passengers who may also be injured.
- Report the crash – In Florida, crashes involving property damage or serious injuries require the attention of law enforcement, and a police report must be filed.
- Exchange contact information – If you are able, provide the other driver with all relevant contact information as well as license and registration details.
- Ask any witnesses for their contact information – Take a note of the names, phone numbers, and addresses of any witnesses. These individuals may be crucial when it comes to determining the facts of the case later on.
- Take photos – Take photographs of the accident scene, the vehicles involved, and any injuries straight away
- Contact your insurance company – Give an honest account of the crash but remember not to apologize and avoid giving any formal statements until you have consulted with an attorney.
- Contact a lawyer – Get in touch with an attorney straight away. They will help to guide you through every step of the legal process. Our law firm offers a free consultation, so contact us today to get started.
The Law Place Is the Law Firm for You
Following an arrest for leaving the scene involving serious bodily injury, it is crucial that you contact a qualified accident attorney. At The Law Place, we have a team of some of the best criminal defense lawyers in the state. We will work tirelessly on your behalf to fight your charges and minimize your potential penalties. The first consultation is free, so don’t hesitate. Contact us today at (941) 444-4444. Someone from our law firm is available to speak with you day and night.
