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Everything You Need to Know About a Hit and Run Accident

Everything You Need to Know About a Hit and Run Accident

Experiencing a car accident while driving or as a passenger is a traumatic experience. An accident that is a hit-and-run is even more terrifying.

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Generally, a hit-and-run occurs when a driver knowingly fails to stop and give his/her name, license number, or any other information he/she is required to the injured party, witnesses, or law enforcement, as required by law.
Motorists don't always do the responsible thing when they are in an accident, including being under the influence or driving without a license. Sadly, the National Highway Traffic Safety Administration reports an increase in hit-and-run accidents. The rate of hit-and-run accidents in major U.S. cities rose by almost 14 percent between 2009 and 2011.

Hit and run cases commonly occur in one of three situations: you strike a car or pedestrian, you strike a property and cannot find the owner, or another person strikes you and flees. Continue reading to learn all about hit-and run accidents in Florida and the steps to take if you've been involved in one.

What Counts as a Hit-and-run in Florida?

There have been numerous instances in which accidents have been referred to as "hit and runs," whether in the context of traffic reports, news stories, or television shows. In spite of its simplicity, it is actually an extremely important legal concept that involves some nuances that are not always obvious. When it comes to hit and run car accidents, whether you are the victim or considering engaging in that behavior, it's important to know the laws in your state.

Hit-and-run accidents occur when an individual causes an accident without stopping to identify themselves afterward. Accidents of virtually any type can be considered hit-and-runs, although the term is not widely known. Leaving the scene of an accident after hitting a car and fleeing without calling the police, or even without identifying yourself to the car's owner somehow, could result in charges of hit and run. Passengers or collisions of two cars are not necessary to define a car crash.

The driver of a vehicle is responsible for identifying himself or herself in a formal process after colliding with another object, person, or vehicle, including exchanging insurance information and contacting emergency services. You should contact the police if you hit an unattended vehicle and leave a note that includes the proper insurance and identification information.

As a matter of Florida law, committing a hit-and-run can have significantly different legal implications depending on whether someone was injured or killed. An accident that only damages property - such as cars, fences, or street signs - is a second-degree misdemeanor. In most cases, this includes hitting a parked car. If caught, a driver faces 60 days in jail, six months of probation, and a $500 fine.

Lastly, if someone is killed due to a hit-and-run, the penalties are harsher. When convicted of a fatal hit-and-run, a Florida statute mandates a driver be jailed for at least four years and fined at least $10,000 with a maximum of 30 years. Additionally, they will lose their license for at least 3 years.

What To Do After a Hit and Run Accident in Florida

If you have been injured in a hit-and-run accident, you should follow these steps to protect yourself.

 

  • Call the police.

    In all car accidents, this is the first step that must be taken. However, it becomes even more crucial in hit-and-run occurrences. Contact police and make sure they come to the accident site to properly document the crime. Any details about the other driver, their vehicle, or the events around the time of the crash should be included in the report.
  • Collect evidence.

    In cases of hit-and-run, the police are going to do their best to investigate, but the victims should also take the initiative to gather evidence. Take photographs, videos, and street light images that show the damage caused by the hit-and-run driver. When it comes to documenting an accident scene, no detail is too small. You might want to ask witnesses if they'd like to speak on the record about what happened. Record the conversation on video or audio, making sure you include their full name and contact information. Often, eyewitnesses to your crash are the only thing separating the police from labeling your crash a hit-and-run.
  • Seek medical attention.

    It's important that you receive medical attention from EMS if you sustained injuries in the accident. Visit an urgent care center or your family doctor as soon as possible if your injuries do not warrant an ambulance. It's vital to get medical treatment as soon as possible after a collision. It will be harder to convince the insurance company that your injuries are the result of the collision if you wait too long to get your injuries documented. Regardless of whether you believe you weren't injured in the crash, it's best to get checked. It's important to get checked by a doctor right after an accident because many injuries do not show up right away. A car crash can cause even the smallest injuries to worsen over time, so it's important to document even the smallest injuries. A company will be reluctant to pay your claim if there is no documentation linking the injury to the accident.
  • File an Uninsured Motorist Insurance Claim.

    A claim for uninsured motorists can be filed with your insurance company after the accident. A hit-and-run motorist and an uninsured or underinsured driver, for example, are likely to need this coverage. It is important to collect evidence and documentation of the wreck and your damages, but as long as the insurance company is able to prove the accident took place, it will likely pay the claim. It is unfortunate that not every driver has uninsured motorist coverage. Without it, victims of hit-and-run accidents must shoulder the financial burden on their own. The insurance company of the person responsible for the accident can be contacted if the police find them.
  • Find a hit-and-run lawyer.

    The circumstances of every accident are different. There can be a number of factors that contribute to the potential outcome of hit-and-run accidents. When you don't know who caused your accident, it's difficult to pursue justice. Even though it might seem hopeless, hit-and-run victims have options. After a hit-and-run incident, car accident lawyers can explain your rights and help you determine your next steps. The aftermath of a crash can be managed by a personal injury attorney no matter what the circumstances were.

Filing for Compensation After a Hit-and-Run

Hit-and-run accidents present problems that are not present in other accidents. The collision can result in serious injuries, but there is often no one nearby to call emergency services when it occurs. However, even when someone has the ability to contact police, it is not always possible to get a photograph of the fleeing driver's car and license plate number.

The immediate aftermath of a hit-and-run is frequently a time of confusion and disarray, so acting quickly is important. In addition, hit-and-run accidents are far more common than most motorists realize, accounting for approximately 25 percent of all Florida highway accidents. For victims who were hurt in a hit-and-run crash, pursuing damages can be a difficult task when they need full compensation, which is why it is crucial to have an attorney who is experienced in hit-and-run collisions.

No-Fault Injury Claims After a Hit-and-Run Accident in Florida

Due to Florida's no-fault insurance law, injured drivers in hit-and-run accidents have some hope. Owners of vehicles registered within the state must carry personal injury protection, or PIP coverage, on their auto insurance policies. In states that do not require personal injury protection, visitors from outside the state may have difficulty recovering financial compensation if they do not carry the coverage themselves.

In most states, the minimum amount of PIP benefits for medical bills and lost wages is at least $10,000. If the fleeing driver can not be pursued for extended damages, PIP benefits are typically the only available option for the court.

Injury protection insurance is designed to make certain that an injured driver is not left without recourse to compensate his or her losses if the other driver does not have insurance or fled the scene of the accident.

When drivers purchase their policies in Florida, they can also add uninsured and underinsured motorist coverage, which is an essential coverage in certain accidents. For those without the additional policy, they are left with only their meager PIP coverage (unless they have personal health insurance).

Additionally, the court must also approve this protection based on its compliance with the law. An injured victim might then find themselves in an adversarial situation with their own insurance company, which is never good for them. You may even have a claim against your own insurer if it implements a rider.

If you've been involved or injured in a hit-and-run accident, contact DOCS4PI to be connected with our network of the best lawyers or medical care providers in Florida. Learn more about how we can assist you after a hit-and-run accident here.