Hit and Run

The numbers of individuals leaving the scenes of accidents have remained relatively steady in Florida and throughout Escambia County, FL. In 2015, there were approximately 92,000 hit and run accidents. Of those 92,000 cases for hit and run, about 180 resulted in death. More than half of those death cases involved a pedestrian. Most hit and run cases result in damage to attended property, (an occupied vehicle), or unattended property (a parked car), or mailbox.

The driver involved in a hit and run accident could have their licenses suspended for at least three years and experience massive spikes in their insurance rates. Consequences for leaving the scene can be much worse depending on whether personal injury or property damage occurred.

Hit and Run Accidents Attorney in Pensacola, Florida

Understandably, car accidents can be scary, especially when you are at fault. However, leaving the scene of an accident can turn a mistake into a serious criminal traffic offense. Call an experienced criminal defense attorney to help navigate the pitfalls of dealing with the insurance company and the criminal justice system.

Contact attorney John Terrezza to discuss your criminal traffic case. Related charges can include reckless driving, DUI, and driving with a suspended or revoked driver's license. John Terrezza also represents commercial drivers and CDL license holders in Pensacola and the surrounding areas.

During the consultation, you can learn more about the elements of the offense, the potential penalties, and the best defenses available for fighting the criminal prosecution. Call (850) 764-5291 today.

Criminal Charges for Leaving the Scene - §316.027

Florida Statute §316.027 requires the driver of a vehicle involved in an accident, whether it occurred on public or private property, to immediately stop the vehicle at, or near the scene of the crash, and remain at the scene until the parties involved exchange names, addresses, vehicle registration numbers, and driver’s licenses and, if needed, render reasonable assistance to those injured in the crash.

If any of the individuals involved in the crash, in Florida, are not in a condition received the required information and no police officer is present, then the driver of any vehicles involved in the crash must report the accident to the nearest police station.

Definitions for Florida's Hit and Run Statute

Criminal statutes change everyday words and phrases into something that has a specific meaning with legal ramifications. Below are a few helpful definitions from the hit and run statute.

“Serious Bodily Injury” is defined as an injury to a person, including the driver, which creates a high risk of death, disfigurement, or loss or impairment of a body part or organ.

“Vulnerable road user” is another term for pedestrian, but also includes and of the following:

a bicycle, moped, or scooter rider
a horse or other animal rider or carriages
a skateboarder or inline skater
a wheelchair rider
a person lawfully on the shoulder of the roadway or in the crosswalk and
a tractor driver

Charges and Penalties for Leaving the Scene of an Accident in Florida

Leaving the scene of an accident is a direct violation of the Florida Statutes, and the consequences depend on whether there was injury, death, or property damage.

Third-Degree Felony - if a driver leaves the scene of an accident that causes injuries (that are not serious) then the penalty is classified as a third-degree felony, punishable by up to five (5) years in prison and up to $5,000 fines.

Second-Degree Felony - if a person involved leaves the scene of an accident that resulted in serious bodily injury to another, the driver is guilty of a second-degree felony, punishable by up to fifteen (15) years in prison and up to $10,000 fines.

First-Degree Felony - if a person involved in an accident, which resulted in death, leaves the scene of that accident, then the charge is a first-degree felony, punishable by a minimum of four (4) years and up to thirty (30) years in prison, with fines of up to $10,000.

Additionally, §316.027 requires violators to pay restitution to the victim for any damages or loss (unless the court finds otherwise). Restitution may be monetary or nonmonetary.

DUI and Leaving the Scene in Florida

If you abandon the site of an accident that resulted in death or injury and you were driving under the influence, the penalty is a mandatory minimum of two (2) years in prison.

Misdemeanor Hit and Run Penalties

In Florida, hit and run accidents, often called "leaving the scene," that do not involve injury to a person are classified as second-degree misdemeanors.

Drivers who leave the scene of an accident that resulted in a vehicle or other property damage. Florida Statute §316.061.

A driver who hits an unattended vehicle or parked car and leaves the scene must make a reasonable effort to find the owner of the property or leave their name, address, and registration number attached to a conspicuous place on the damaged property. (See Florida Statute §316.063)

Under Florida law, the penalties for second-degree misdemeanors are up to sixty (60) days in jail and up to $500 fines.

Defenses for Leaving the Scene

Some of the most common defenses to hit and run charges are a lack of knowledge or willfulness.

Regarding the lack of knowledge defense, the State must prove that the defendant had actual knowledge of the accident. In State v. Dorsett, 158 So. 3d 557 (Fla. 2015), the Florida Supreme Court held that the prosecution must show that the defendant had “actual knowledge” of the crash as an element in proving the case.

For willfulness, the prosecution must prove that the defendant willfully failed to stop at the scene of a crime, or give reasonable assistance.

Additional Resources

“Hit and Run – Bad To Worse” - Visit the Florida Highway Safety and Motor Vehicles website for more information about the 2015 statistics for motor vehicle hit and run accidents and other facts about leaving the scene.

Florida Statute §316.027 – Visit Online Sunshine, the official website of the Florida Legislature for the full statutory language contained in the Florida statute for hit and run accidents, also known as leaving the scene of an accident.

“Governor Scott Signs Legislation to Protect Florida’s Families” – Visit the official website of Florida Governor Rick Scott for information from the State Governor’s Office on the Aaron Cohen Life Protection Act designed to “crack down” on hit and run accidents in Florida.

State v. Dorsett, 158 So. 3d 557 (Fla. 2015) – Visit the Florida Supreme Court website for the full opinion in State v. Dorsett regarding knowledge as an element in leaving the scene cases.

Find an Attorney for Hit and Run Accidents in Escambia County, Florida

Not only can hit and run accidents can have criminal consequences, but they can also have drastic effects on your insurance, and your license. If you or someone you know in Pensacola, in Escambia County or Milton in Santa Rosa County, FL, has been charged with leaving the scene of an accident contact attorney John Terrezza.

The criminal defense law Terrezza Law is conveniently located in on Garden Street in downtown Pensacola,

Call (850) 764-5291 to discuss the case with John Terrezza. During the consultation, at his offices in Pensacola, Florida, you can learn more about the elements of this serious criminal traffic offense, the potential penalties and the best defenses available for fighting the criminal prosecution.

This article was last updated on Monday, December 19, 2016.