When getting into any kind of traffic accident in Florida, drivers have duty to do certain things. The average person is not typically aware of all the legal duties required of them when they are in an accident and what the consequences are for not performing these duties.
Florida Law and Car Accidents
For accidents involving only property damage to another vehicle or object, a driver has the following duties under Florida law:
- Immediately stop his or her vehicle at the scene of the crash or as close thereto as possible;
- Notify the operator or owner of the vehicle or other property of the driver’s name, address, registration number;
- Exhibit his or her driver’s license, if requested by the other party;
- Provide license, registration, address, and other information to any investigating police officers;
- If the property damaged in the crash is unattended, the driver must either locate the property owner (and then comply with the duties described above) or attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving. The driver must then notify the nearest police department or law enforcement agency of the crash.
Hit and Run with People
With regard to accidents causing injury or death to another person, a driver’s statutory duties in Florida are as follows:
- The driver must stop his or her vehicle at the scene of the crash (or as close thereto as possible);
- Give his or her name, address, and vehicle registration number to the other driver;
- Exhibit his or her license or permit to drive, if requested;
- Provide license, registration, address, and other information to any investigating police officers;
- If it is apparent that medical treatment is required or if it is requested by the other person, render “reasonable assistance,” including carrying or making arrangement for the carrying of the person to a hospital, physician, or surgeon for medical or surgical treatment;
- If the other driver or person is not in a condition to receive the information specified above, the non-injured driver must report the crash to the nearest police authority.
If someone is in an accident and fails to comply with these requirements, it is possible that law enforcement will charge that person with the criminal charge of Leaving the Scene of an Accident. And depending on the damage caused in the accident, the charges could be a felony or a misdemeanor.
Florida Law Process
To prove the crime of Leaving the Scene of An Accident or Crash at trial, the State of Florida must establish the following four factual elements beyond a reasonable doubt:
- The defendant was the driver of a vehicle involved in a crash resulting in injury to or death of any person, or resulting in property damage to another person;
- The defendant knew or should have known that he or she was involved in a crash;
- The defendant knew or should have known of the injury to or death of the other person, or of the property damage caused to another;
- The defendant willfully failed to stop at the scene of the crash, or as close to the crash as possible, and failed to remain there until he or she had given identifying information to the other driver, occupant, person attending vehicle, or investigating police officer, or the defendant failed to render “reasonable assistance” to the injured person if such treatment appeared to be necessary or was requested by the injured person.
The statute states that the term “identifying information” means the defendant’s name, address, vehicle registration number, and, if available and requested, the exhibition of a driver’s license or permit. The term willfully” means purposefully and intentionally.
If the crash involved personal injuries to another person, the offense can be classified as a 3rd degree felony, with penalties of up to 5 years in prison or 5 years of probation, and a $5,000 fine.
For accidents involving the death of the other person, the offense will be classified as a first degree felony, with penalties of up to 30 years in prison and a $10,000 fine.
If the someone leaves the scene involving injury or death and the defendant is found to have been driving under the influence, the offense is subject to mandatory minimum prison term of 2 years. In all leaving the scene cases involving death or injury, the offending driver is subject mandatory driver’s license revocation as determined by a court.
A hit and run involving only property damage is classified as a second degree misdemeanor, with penalties of up to 60 days in jail and a $500 fine.
So, whether it be a small fender bender or a serious accident, drivers have a duty to do certain things or they will be subjected to criminal responsibility.
If you have been in an accident where you were charged with Leaving the Scene of an Accident, call the experienced traffic attorneys at Hendry & Parker today at (727) 205-5555.