Leaving the Scene of an Accident in Florida

 

A person who leaves the scene of an accident, or “hit and runs”, commits a crime when the driver is involved in an accident and leaves without following the proper procedure. A driver has a duty to give information and render aid in the following situations:

  • A driver involved in a crash resulting in damage to an attended vehicle or property
  • A driver involved in a crash resulting in injury to another person
  • A driver involved in a crash resulting in the death of any person

Duty to Give Information and Render Aid

Florida Statute 316.062 states: “The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give: his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of a crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.”

The driver has a duty to give the above information and render aid, when he or she is involved in a crash resulting in damage to an attended vehicle or attended property, or injury or death to another person. 

Duty When Damaging An Unattended Vehicle or Other Property

A driver of any vehicle involved in a crash with any unattended vehicle or property must follow the correct procedure, or he or she commits a crime. The person must: immediately stop, and either locate and notify the operator or owner of the vehicle or property by providing his name, address, and registration number, or the driver must attach a note in a conspicuous place on the vehicle or property with his name, address, and registration number and then promptly contact law enforcement. 

Penalties for Leaving the Scene of An Accident

  1. Leaving the Scene of an Accident Involving Damage to an Attended Vehicle or Property: A driver who does not stop, return to the scene, and provide the necessary information or render aid as specified above, commits a second degree misdemeanor, punishably by up to 6 months of probation, 60 days in jail as a condition of probation, and a $500 fine.
  2. Leaving the Scene of an Accident Involving Damage to an Unattended Vehicle or Property: A driver who does not follow the requirements pursuant to 316.063 commits a second degree misdemeanor, punishable by up to 6 months of probation, 60 days in jail as a condition of probation, and a $500 fine.
  3. Leaving the Scene of an Accident Involving Injury to a Person: A driver who does not stop and remain at the scene and provide the necessary information or render aid as specified above, commits a third degree felony, punishably by up to 5 years of probation, 5 years in prison as a condition of probation and a $5,000 fine.
  4. Leaving the Scene of an Accident Involving Death: A driver who does not stop and remain at the scene and provide the necessary information or render aid as specified above, commits a first degree felony, punishably by up to 30 years in prison and a $10,000 fine.

Contact Us
If you have been arrested or charged with Leaving the Scene of an Accident in Palm Beach County, Broward County or Martin County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.