Fort Lauderdale Hit & Run Lawyer

Representing Accused Hit & Run Drivers in Fort Lauderdale

When a driver leaves the scene of an accident in Florida, the situation can shift abruptly from a routine traffic incident to a criminal investigation. What might start as a relatively minor collision can escalate into felony charges, lengthy court proceedings, and far-reaching consequences. Individuals accused of fleeing the scene may feel overwhelmed and uncertain of their options. Understanding the legal obligations after a crash and the potential defenses available if you stand accused of a hit and run is crucial. 

Fleeing the Scene: A Legal Emergency

In Florida, any driver involved in an accident has specific responsibilities. When these responsibilities are unmet, it could be considered “fleeing” or “leaving the scene.” State laws require that drivers stop, render aid to any injured parties, and exchange relevant information such as license and insurance details. Failure to fulfill these obligations may cause law enforcement to file criminal charges. Even a minor accident can grow complicated if the driver drives off without stopping after an incident.

From the perspective of prosecutors and judges, leaving the scene raises suspicion about potential wrongdoing—such as driving under the influence, lacking valid insurance, or avoiding law enforcement for other reasons. Moreover, if another party is injured, the seriousness of the offense increases drastically. In such situations, a suspect can face significant fines and the risk of a long and unpleasant period of incarceration. 

Because the implications are so severe, working with a Fort Lauderdale hit-and-run lawyer early in the process can help clarify misunderstandings, preserve critical evidence, and potentially negotiate more favorable resolutions. 

Scenarios That Lead to Hit and Run Allegations

Although many drivers intend to obey the law, stressful conditions or panic can lead some to depart after a crash. Several common scenarios can trigger hit-and-run accusations:

• Minor fender-benders with property damage
  Low-speed collisions often occur in parking lots or stop lights in a busy city like Fort Lauderdale. A driver may fail to notice any damage or dismiss it as inconsequential and then drive away. Later, the other party finds damage and reports the incident as a hit-and-run.
• Injury-causing accidents
  When a collision results in injuries, Florida law imposes heightened duties on drivers, including calling for medical aid. Fleeing the scene in such cases is considered particularly serious and can lead to felony charges.
• Striking a pedestrian or cyclist
  Pedestrians and cyclists are especially vulnerable in roadway interactions. If they suffer serious injuries, authorities devote considerable resources to identifying and prosecuting any motorist who fails to remain at the scene.
• Collisions involving parked vehicles
  Many hit-and-run reports stem from drivers who bump into parked cars and leave without leaving a note or contacting the owner. Even if the damage is slight, the law still requires an attempt to notify the other party.

Florida Laws on Leaving the Scene

Two primary Florida statutes govern the legal ramifications of hit and run, each specifying the obligations of drivers after an accident:

• Florida Statute 316.061: Property Damage Only
  Under this statute, the driver must stop and exchange information if a crash causes only property damage—such as damage to another vehicle, fence, or other item. Failure to comply can lead to misdemeanor charges. However, the severity of possible penalties may rise if aggravating factors exist, such as a suspended license.
• Florida Statute 316.027: Accidents Involving Injury or Death
  This law addresses situations where a collision results in bodily harm or a fatality. In such cases, leaving the scene is treated significantly more harshly. Depending on the seriousness of the victim’s injuries, the driver can face felony charges, substantial fines, and potential prison time.

These legal obligations underscore why swift and responsible action immediately after an accident is crucial. Even in moments of stress or shock, ensuring that police are called and that you remain at the crash site is vital to complying with Florida law. 

Criminal vs. Civil Liability

A hit-and-run can create both criminal and civil liabilities. While criminal charges may involve fines, probation, or incarceration, civil litigation focuses on compensating the victim for property damage, medical bills, and pain and suffering.

• Criminal penalties and jail time
  Courts can impose fines, probation, or prison sentences if you are found guilty of leaving the scene. In addition, felony convictions carry lasting repercussions, such as difficulty finding employment or securing loans.
• Civil lawsuits from victims
  Injured parties can file personal injury lawsuits, seeking damages for medical expenses, lost wages, and emotional distress. The plaintiff’s attorney might argue that fleeing indicates negligence or irresponsibility.
• Insurance ramifications
  Hit-and-run incidents can lead to higher insurance premiums or even policy cancellations. Some carriers may refuse to renew coverage if a driver has a history of fleeing accident scenes. 

Building a Strong Defense

Those accused of leaving the scene have multiple defenses to consider, depending on the facts:

• No knowledge of collision
  A driver in a large SUV may not realize they hit a parked vehicle if the impact was minimal. Demonstrating genuine ignorance of the crash can be a valid defense.
• False accusations
  Sometimes, a bystander records the license plate incorrectly, or the suspect’s vehicle closely resembles another. The driver may not have been the one involved at all.
• Emergency justifications
  A medical emergency or immediate threat to personal safety could explain why someone left. Courts may consider whether fleeing was a necessity.

Constitutional rights violations
If law enforcement obtained evidence through illegal searches or improper interrogation, the evidence might be suppressed. 

FAQs About Hit and Run in Florida

Call George Reres Law, P.A., to Start Your Defense

If you face a criminal charge of leaving the scene of an accident in Fort Lauderdale, you need immediate and strategic legal representation. The stakes are high, from potential jail time and hefty fines to long-term damage to your driving record and higher insurance costs. George Reres Law, P.A., has the experience to handle your case carefully, guiding you through Florida’s legal statutes and procedures at every step.

For prompt legal assistance, call 954-543-1186.