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Leaving the Scene of an Accident in Florida

If you ever get into an accident, you should never leave the scene until you are cleared to do so by law enforcement. Even if you are not at fault, you must still comply with the law and exchange information. If you are convicted of leaving the scene, it can result in either a misdemeanor or felony penalties, depending on if the accident caused bodily injury or death.

According to Florida Highway Safety and Motor Vehicles, between 2015 and 2020 there were 600,185 hit-and-run crashes, resulting in 1,298 traffic fatalities.

According to Florida Statute 316.061 leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to property leaves the scene without providing the necessary information to the owner of the property. This includes their name, address, registration information, and driver’s license. If the property is unattended, such as a parked car, you must leave a note with your name and contact information.

If the accident results in injury or death to another person, Florida Statute 316.027 states that the driver must stop immediately and provide their name, address, registration information, and driver’s license. If the other party is seriously injured or deceased and cannot take your information, you must provide the information to law enforcement upon their arrival. For the injured party, you should call an ambulance for the other party to get to a doctor’s office or hospital for medical treatment.

Penalties for Leaving the Scene of an Accident

In Florida, the penalties for leaving the scene of an accident increase in severity depending on if the accident or crash involves property damage, personal injury, or death.

Leaving the Scene of an Accident with Property Damage (Unattended Property)

  • Second-degree misdemeanor
  • Up to 60 days in jail
  • Up to $500 fine

Leaving the Scene of an Accident with Property Damage (Attended Property)

  • First-degree misdemeanor
  • Up to 1 year in jail
  • Up to $1,000 fine

Leaving the Scene of an Accident with Injury

  • Third-degree felony
  • Up to five years in prison
  • Up to $5,000 fine
  • Driver’s License revoked for at least three years (Florida Statute 316.027 and 322.0261)

Leaving the Scene of an Accident with Serious Bodily Injury

  • Second-degree felony
  • Up to 15 years in prison
  • Up to $10,000 fine
  • Driver’s License revoked for at least three years (Florida Statute 316.027 and 322.0261)

Leaving the Scene of an Accident with Death

  • First-degree felony
  • 30 years in prison
  • Up to $10,000 fine
  • Driver’s License revoked for at least three years (Florida Statute 316.027 and 322.0261)

If you feel you may be charged with leaving the scene of an accident, call experienced Criminal Defense Attorney Brandon Gans today for a free consultation. All consultations are confidential whether you hire the attorney or not.

MY DUI GOT DISMISSED!!!! Words cannot describe how grateful I am of Mr. Gans hard work and dedication to my case. Not only was Mr. Gans professional with me but he made me feel at home whenever I came to his office. Mr. Gans understood the difficulty and stress that I was enduring from my case. I went to multiple Attorneys with my case and not one cared much about my case. Their biggest concern was money and how was I going to pay them. Mr. Gans was only focused on my case and how he could help me. A true Lawyer.  He reassured me multiple times that everything was going to be okay. He was right! I hope I never have to hire an Attorney again but if I do…. I will be going with Gans!

- Daniel

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