Change in Laws Provides More Options for Recovery in Hit and Run Auto Accidents

The Florida Department of Highway Safety and Motor Vehicles reports that there are over 100,000 hit and run crashes in our state each year. Approximately 250 people are killed each year by hit-and-run drivers, and four times as many suffer serious injuries. Less severe injuries number in the tens of thousands every year, and the damage to vehicles and property is in the tens of millions or more.

Leaving the scene of an accident is a crime, but criminal law often does not provide any direct assistance to those harmed by criminal conduct. Fortunately, Florida lawmakers took action to provide new remedies for victims of hit and run collisions. It is important to understand the laws that apply and how to choose the best course of action after a hit and run auto accident.

When a Hit and Run Accident Causes Serious Injuries

Under Section 316.027 of the Florida Statutes, if a driver flees the scene after being involved in a crash that caused serious injuries, even if that driver was not at fault for the collision, that driver can be convicted of committing a second-degree felony and face up to 15 years in prison. Those injured in the crash can seek recovery from the responsible driver’s insurance or the driver’s personal assets. 

To obtain full compensation, it is important to work with a personal injury attorney who is prepared to demonstrate liability and fight for damages for every loss suffered by the accident victim. An attorney can work to analyze traffic camera footage and other evidence to identify and locate the driver if the police have not yet done so. If the driver cannot be identified, then the victim’s uninsured motorist coverage will usually provide the best source of recovery. If this coverage is unavailable, the victim’s personal injury protection coverage should provide reimbursement for some medical expenses and lost earnings.

When the injuries in a hit and run accident prove fatal, leaving the scene of the accident becomes a first-degree felony, and the mandatory minimum sentence may apply. Family members can seek recovery through a wrongful death claim.

If the hit and run driver was behaving recklessly, such as driving while extremely intoxicated, a personal injury lawyer may also seek punitive damages, which are additional amounts intended to penalize wrongful conduct. Unlike fines collected in a criminal case, punitive damages are paid to the victim rather than the government.

When a Hit and Run Accident Causes Less Severe Injuries

If a hit and run driver is involved in an accident with injuries that are not considered serious, the driver has still committed a felony, but it is a third-degree felony with reduced terms of incarceration. Section 316.027 defines a serious injury as a “physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.”

When injuries do not meet this threshold, it may still be possible to seek compensation from the hit-and-run driver’s insurance or personal assets if the driver can be located. The accident victim can also seek recovery through uninsured motorist coverage or personal injury protection insurance.

When a Hit and Run Accident Causes Property Damage But No Injuries

Hit-and-run cases that involve damage to a vehicle or other property but no injuries are covered by a different motor vehicle statute, Section 316.061. Leaving the scene without complying with the requirements can result in a conviction for a second-degree misdemeanor.

Many hit and run cases that result only in property damage go unobserved, so it can be more difficult to locate the driver. However, the increasing prevalence of security cameras frequently produces evidence.

To recover through insurance, a driver whose vehicle is damaged by a hit-and-run driver will generally need to file a collision coverage claim with their own insurance company.

Restitution from Hit and Run Drivers

Changes in Section 316.061 that recently took effect allow courts to order hit-and-run drivers to pay restitution to the owners of vehicles or property damaged by their actions. This provides a new option for recovery in many situations.

Restitution is handled through criminal court, where the burden of proof is higher than in a personal injury claim. While an accident victim would not need to take the initiative to file a claim, it might be necessary to serve as a witness.

The laws governing hit and run cases with injuries also allow for restitution, and this could potentially be coordinated with a personal injury lawsuit to help ensure recovery. Your personal injury attorney could help prosecutors determine the appropriate amount of restitution. If the driver is convicted of hit-and-run, that provides strong evidence to support a personal injury claim. Restitution through criminal court and recovery through civil court cannot be used to obtain a double recovery, but using both avenues can help ensure that recovery is fully available.

In either a personal injury lawsuit or a criminal case seeking restitution against a hit-and-run driver, it is important to document all losses to ensure a full recovery. It is also helpful to gather and preserve evidence as quickly as possible after the accident.

If You’ve Been Injured by a Hit and Run Driver, Talk to Searcy Denney Tallahassee

It can be difficult to understand what to do if you’ve been hurt in an accident, particularly if a driver involved flees the scene. When injuries are involved, it is always helpful to consult a personal injury lawyer for advice.

A knowledgeable injury attorney at Searcy Denney Tallahassee can review the circumstances of your case and explain your best options for recovery. That could involve seeking restitution through a criminal case, filing a personal injury lawsuit, filing a claim through your auto insurance, or a combination of actions. We offer free consultations so you don’t have to risk your hard-earned money just to find out the potential of your claim. To schedule your free consultation, call us at 888-549-7011 or contact us online today.