Injured in a Florida Hit and Run? What a Personal Injury Lawyer Wants You to Know

Being involved in any car accident is traumatic, but being the victim of a hit and run adds layers of frustration and uncertainty. A hit and run occurs when a driver involved in a collision illegally leaves the scene without fulfilling their basic duties: stopping, providing identification and insurance information, and rendering aid if needed, and reporting the crash to law enforcement.

For the driver who flees, this is a serious criminal offense in Florida, with penalties ranging from misdemeanors to significant felonies depending on the damage or injuries caused. But for you, the injured victim left at the scene, the immediate concern is often: How will I get compensation for my medical bills, lost wages, and pain if the responsible driver is gone?

As a personal injury lawyer who helps crash victims in Florida, I understand these anxieties. While law enforcement works to find the fleeing driver, it's crucial for you, the victim, to understand your rights and options for pursuing an injury claim.

Understanding "Leaving the Scene of an Accident" Penalties in Florida (Why Finding Them Matters)

Florida law, specifically Florida Statute 316.027 (regarding crashes involving injury or death) and Florida Statute 316.061 (regarding crashes involving property damage), makes leaving the scene a crime. The severity of the criminal penalties reflects the gravity of fleeing, particularly when people are hurt:

• Property Damage Only: Leaving the scene of a crash involving only property damage is a Second Degree Misdemeanor (up to 60 days jail, $500 fine).

• Injury to a Person: Leaving the scene of a crash involving injury is a Third Degree Felony (up to 5 years prison, $5,000 fine, minimum 3-year license revocation). If the injury is serious, it can be a Second Degree Felony (up to 15 years prison).

• Fatality: Leaving the scene of a crash involving death is a First Degree Felony (mandatory minimum 4 years prison, up to 30 years, $10,000 fine, minimum 3-year license revocation).

While these penalties are the concern of the fleeing driver and criminal courts, finding the driver is critically important for your civil personal injury claim. When the driver is identified, we can pursue a claim against their bodily injury liability insurance for your damages.

How Law Enforcement Tries to Identify Hit and Run Drivers

Law enforcement agencies in Florida utilize various methods in their efforts to track down drivers who flee:

• Surveillance & Traffic Camera Footage: Reviewing video from traffic cameras, nearby businesses, or residential security systems is a common and often effective tactic to identify the vehicle or driver.

• Witness Statements: Bystanders, other drivers, or even occupants of your vehicle may have seen the fleeing vehicle or driver and can provide crucial descriptions or license plate details.

• Physical Evidence at the Scene: Debris left behind, such as vehicle parts, paint chips, or tire marks, can be analyzed to identify the make, model, and sometimes even the specific vehicle involved.

• Public Appeals: Releasing information about the incident and the suspect vehicle to the media and public can generate tips leading to identification.

Your Options for Compensation as a Hit and Run Victim

One of the biggest challenges in a hit and run case is that the at-fault driver's insurance information isn't available at the scene. This is where other forms of insurance become critical for your recovery in Florida:

• Your Own PIP Coverage: Regardless of who was at fault, your own Florida Personal Injury Protection (PIP) coverage is typically the first source of funds to cover 80% of your reasonable medical expenses and 60% of lost wages, up to your policy limit (usually $10,000). This applies whether you were driving your car, a passenger in someone else's car, or even a pedestrian or cyclist struck by a vehicle.

• Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is often the MOST important coverage in a hit and run. If you have UM/UIM coverage on your own auto insurance policy, it acts like the at-fault driver's bodily injury liability insurance when that driver is unidentified (like in a hit and run) or doesn't have enough insurance. This coverage can compensate you for medical bills, lost wages, pain and suffering, and other damages beyond what your PIP covers, up to your policy limits. This is why carrying sufficient UM/UIM coverage is so vital in Florida.

• UM/UIM Coverage Through a Resident Relative: If you don't have UM/UIM coverage on your policy, you might be covered by the UM/UIM policy of a relative you live with.

Even if the hit-and-run driver is eventually identified, pursuing compensation can still be complex, especially if they were uninsured or underinsured.

Why You Need an Experienced Florida Personal Injury Lawyer

As a victim of a hit and run, your priority should be your recovery. Dealing with insurance companies, understanding complex coverages like UM/UIM, navigating potential claims against multiple policies, and coordinating with law enforcement's investigation is overwhelming.

An experienced Florida personal injury lawyer can:

• Investigate the crash, often assisting or complementing the police effort to find the driver.

• Identify all potential sources of insurance coverage, including your PIP and crucial UM/UIM policies.

• Handle all communication and negotiation with insurance adjusters on your behalf.

• Build a strong case documenting your injuries and damages.

• Guide you through the process whether the driver is found or not.

Understanding the criminal penalties for fleeing is important context, but understanding your rights as an injured victim and knowing how to access available insurance coverage is paramount to your financial and physical recovery.

If you were injured in a hit and run accident in Florida, don't try to navigate the aftermath alone. Contact our experienced Florida personal injury law firm today for a free consultation to understand your rights and explore your options for compensation.

Prioritize safety and personal rights! Contact your injury lawyer immediately when involved in a hit & run.

Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.