Leaving the Scene of an Accident in Florida: What You Need to Know

Leaving the Scene of an Accident in Florida: What You Need to Know

Published On July 22, 2024

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The screech of tires, the crunch of metal, and then—a moment of panic. In the blink of an eye, a driver faces a life-altering choice: stay or flee? Here in the Sunshine State, that split-second decision to leave the scene of an accident can spiral into a legal storm that few are prepared to weather.

At Todd Miner Law, we’ve guided countless Orlando residents through the aftermath of these hit-and-run incidents. We’ve seen how a moment of fear can lead to years of consequences, and how understanding Florida’s laws on accident scene responsibility can make all the difference. Our experience has shown that knowledge about the implications of fleeing an accident site is crucial when navigating these legal waters.

Understanding Florida’s Hit and Run Laws

Florida Statute 316.061 and 316.027 outline the legal obligations of drivers involved in accidents. Whether it’s called “leaving the scene of an accident” or a “hit and run,” the law treats these actions the same. Essentially, these laws require drivers to:

  1. Stop immediately at the scene or as close as possible
  2. Provide their name, address, and vehicle registration number
  3. Show their driver’s license if requested

Failure to comply with these requirements can result in criminal charges, ranging from misdemeanors to felonies, depending on the circumstances.

Penalties for Leaving the Scene of an Accident in Florida

The severity of the penalties for a hit and run in Florida depends on the outcome of the accident:

  1. Property Damage Only:
  • Second-degree misdemeanor.
  • Up to 60 days in jail and/or a $500 fine.
  1. Injury:
    • Third-degree felony.
    • Up to 5 years in prison and/or a $5,000 fine.
  2. Serious Bodily Injury:
    • Second-degree felony.
    • Up to 15 years in prison and/or a $10,000 fine.
  3. Death:
    • First-degree felony.
    • Mandatory minimum of 4 years in prison, up to 30 years, and/or a $10,000 fine.

It’s important to note that these penalties are in addition to any civil liability you may face for damages caused in the accident.

Why Do People Leave the Scene After an Accident?

Despite the risks, some drivers still flee accident scenes. Common reasons include:

  1. Panic or shock clouding judgment
  2. Avoiding DUI charges
  3. Lack of insurance or valid license
  4. Outstanding warrants
  5. Fear of legal or financial consequences

While these may feel compelling in the moment, they never justify leaving the scene. Fleeing only compounds the problem, often leading to far more severe legal and financial repercussions than the initial accident would have caused.

When Is It Okay to Leave the Scene?

There are very few circumstances where leaving the scene of an accident is legally justified. These may include:

  1. Seeking immediate medical attention for yourself or others
  2. Moving to a safer location nearby to avoid further danger
  3. Leaving to contact law enforcement if no phone is available at the scene

Even in these cases, you should return to the scene as soon as possible and be prepared to explain your actions to law enforcement.

How much is a leaving the scene of an accident ticket in Florida?

The fine for leaving the scene can range from $500 for property damage to $10,000 for accidents involving death. However, these fines are often the least of your worries compared to potential jail time and other consequences.

How many points are added to your license for leaving the scene of an accident in Florida?

Leaving the scene of an accident that results in property damage adds 6 points to your driver’s license. If injuries are involved, it can result in automatic license suspension.

How long does an accident stay on your record in Florida?

In Florida, accidents typically remain on your driving record for 3-5 years. However, more serious offenses like hit and run can stay on your criminal record indefinitely unless expunged.

How long does it take to settle a car accident case in Florida?

The timeline for settling a car accident case can vary widely, from a few months to several years, depending on the complexity of the case and whether it goes to trial. Consulting with an experienced attorney can help expedite the process.

Can you leave the scene of an accident after exchanging information in Florida?

Yes, but only after fulfilling all legal obligations, including providing necessary information and rendering aid. It’s always best to wait for law enforcement to arrive and give an official report.

Is it a felony to leave the scene of an accident in Florida?

It depends on the circumstances. Leaving the scene of an accident involving only property damage is a misdemeanor, but if injuries or death occur, it becomes a felony offense.

Does your insurance go up after an accident in Florida?

In most cases, yes. Florida is a no-fault state, but your insurance rates may still increase after an accident, especially if you’re found at fault or leave the scene.

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The Importance of Legal Representation

Leaving the scene of an accident in Orlando and Central Florida is a serious offense with severe consequences. If you find yourself involved in a car accident, always stay at the scene, fulfill your legal obligations, and contact law enforcement. If you have been the victim of a hit and run accident, don’t navigate the legal system alone. Contact Todd Miner Law at 407-955-5640 for expert legal representation and guidance. Our experienced team is here to protect your rights and fight for the best possible outcome in your case.

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Author

Todd Miner

Todd Miner is the Senior Trial Attorney & Managing Attorney at Todd Miner Law®️. A Florida native, Todd's journey in law began at the University of Central Florida, where he earned a Bachelor of Arts degree in political science. He then obtained his Juris Doctor degree from Nova Southeastern University, Shepard Broad College of Law. With a background as an Assistant State Attorney and experience in insurance defense, Todd brings over three decades of legal expertise to his practice, focusing on complex personal injury cases. He is dedicated to advocating for his clients and ensuring they receive the compensation they deserve.

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