What If The Drunk Driver Fled The Scene After The Crash In Orlando?
If a drunk driver fled the scene after a crash in Orlando, contact law enforcement right away and stay at the accident scene. Under Florida law, leaving the scene of a hit-and-run crash is a criminal offense that can lead to serious penalties. After that, collect evidence like the hit-and-run vehicle’s description, license plate number, and eyewitness accounts. This evidence is essential for identifying the fleeing drunk driver and building a strong personal injury case.
At Todd Miner Law, we help injured victims like you take action after hit-and-run crashes caused by drunk drivers in Orlando. Our personal injury lawyers gather evidence, review police reports, and work with eyewitnesses to build a strong case. Moreover, we file solid insurance claims, fight for fair compensation, and pursue every legal option. Call us today at 407-894-1480 for a free consultation with a trusted Florida personal injury attorney.
What Should You Do If A Drunk Driver Fled The Scene After A Crash In Orlando?
After a drunk driver fled the accident scene, you should call 911 and document the accident scene with photos and videos from multiple angles. Capture visible damage to your vehicle, skid marks, debris from the other vehicle involved, and surrounding road conditions. After that, seek medical attention and consult a personal injury attorney to secure compensation. Here’s how each step helps you build a stronger legal claim:
- Call 911: Calling the police and filing a police report creates a legal record of the hit-and-run accident. It confirms when and where the crash happened and that the drunk driver fled the accident scene.
- Seek Medical Attention: Getting immediate medical care documents your injuries. Moreover, this documentation is essential for insurance claims and legal action.
- Take Photos: Photograph vehicle damage, skid marks, debris, and alcohol or drugs left in the drunk driver’s car. These images help prove DUI, support your police report, and strengthen your hit-and-run injury claim.
- Look for Traffic Cameras: Footage from homes, businesses, or intersections can help law enforcement track down the suspect and support your legal case.
- Contact Our Personal Injury Lawyers: We gather evidence, handle insurance issues, and build a strong case to recover your full compensation.
Why Do Drivers Flee the Scene of an Accident?
Drivers often flee the scene of an accident out of fear, especially if they were drinking before the crash. A drunk driver may worry about being charged with hit and run DUI, losing their license, or going to jail. In some cases, they may also flee because they don’t have car insurance. Besides fear of a DUI arrest, other common reasons include:
- Operating a vehicle with a suspended or invalid license
- Having prior DUI convictions
- Carrying illegal substances or alcohol containers in the car
- Fear of immigration consequences (in some cases)
- Trying to avoid higher insurance premiums or civil lawsuits
What Penalties Does a Drunk Hit-and-Run Driver Face in Florida?
Under Florida Statute § 316.193, driving under the influence (DUI) is a criminal offense. A first-time DUI crime can result in up to six months of jail time, license suspension, and legal fines up to $1,000. But when a drunk driver flees the scene of an accident, they can face additional charges. In this case, a police officer may charge the driver with both DUI and hit and run. This leads to longer jail time, higher fines, and an extended license suspension.
Moreover, if someone is severely injured or killed in the crash, the offense becomes more serious under Florida Statute § 316.027. Fleeing the accident scene with injury is a third-degree felony (up to five years of maximum sentence in jail time), and if there’s serious bodily injury, it’s a second-degree felony (up to 15 years). In fatal cases, it’s a first-degree felony with a minimum of 4 years in prison.
Additionally, under Florida Statute § 316.1933, leaving the scene of an accident resulting in property damage of more than $50 is a second-degree misdemeanor. In these cases, the driver must immediately stop and provide their name, address, vehicle registration, and driver’s license. Failure to do so can lead to up to 60 days in jail and $500 in fines. Other than criminal penalties, the Florida Highway Safety and Motor Vehicles (FLHSMV) adds 6 points to the drunk driver’s license.
How Does Police Investigate Hit-and-Run Drunk Driving Accidents?
Police investigate hit-and-run DUI crashes by immediately securing the scene and collecting all available evidence. For example, they collect evidence like broken car parts, tire marks, and any leaked fluids that help identify the vehicle. Then, they review traffic, business, and residential surveillance footage to track the fleeing car’s license plate number and model. Officers also interview eyewitnesses to gather details about the driver’s appearance, behavior, and the direction they fled.
To track down the drunk driver, police may also:
- Check partial license plate numbers through databases for possible matches
- Check hospital admission logs for patients with crash-related injuries who didn’t report an accident
- Alert local repair shops to look for vehicles with damage matching the accident scene
- Use license plate reader (LPR) systems to trace the vehicle’s last known location
If a suspect is found, police conduct field sobriety tests, breathalyzers, or blood tests to confirm intoxication. If you’re dealing with a hit-and-run DUI crash, our legal team can help identify the driver. We work with the police, gather key evidence, and handle the legal process so you can focus on recovery. Reach out today for a free consultation.
Can Cell Phone Records or GPS Data Help Identify the Drunk Driver?
Yes, cell phone records and GPS data can help identify a drunk driver who fled the scene. To start, police can subpoena (a legal order requiring someone to provide evidence) phone companies to access GPS data from the driver’s vehicle or phone. This data reveals the driver’s exact movements before, during, and after the crash, helping to confirm their presence at the accident scene.
Moreover, cell phone records can show whether the driver was using their phone while driving. This information supports distracted driving charges alongside DUI, strengthening the case against the offending driver. When combined with physical evidence, this digital data significantly increases the chances of locating a hit-and-run driver.
What Insurance Coverage Can Help in a DUI Hit and Run Claim?
In a DUI hit-and-run accident, your collision coverage and UM/UIM coverage can help cover property damage. Meanwhile, Personal Injury Protection (PIP) may cover your medical expenses, regardless of who was at fault. Here’s how each type of coverage may apply and help you recover compensation:
Collision Coverage
Collision coverage pays for repairs to your vehicle after a DUI hit-and-run accident, even if the drunk driver is never found. However, you must pay your deductible before benefits apply, which typically ranges from $250 to $1,000, depending on your policy.
UM/UIM Coverage
UM/UIM coverage applies when the drunk driver is unknown, uninsured, or doesn’t have enough insurance. In DUI hit-and-run cases, it covers your medical bills, lost wages, and pain and suffering. This coverage fills the gap when police can’t locate the at-fault drunk driver.
Personal Injury Protection (PIP)
PIP helps cover your medical bills and lost income after a DUI hit-and-run accident. Florida law legally requires all drivers to have at least $10,000 in PIP coverage. It applies regardless of who caused the crash and helps you get immediate treatment without waiting for the police to identify the drunk driver.
Do Victim Compensation Programs Cover Hit-and-Run DUI Cases?
Yes, the victim compensation programs can help cover injuries from hit-and-run DUI accidents. For example, the Bureau of Victim Compensation program provides financial assistance for medical expenses, lost wages, and other costs when the at-fault driver is unknown, uninsured, or unable to pay. To qualify, you must:
- Report the motor vehicle accident promptly to law enforcement
- Cooperate fully with the police investigation
- File a claim within the program’s time limits
- Provide documentation of medical expenses and lost income
If you’ve been injured in a hit-and-run DUI accident, our lawyers can help you access victim compensation programs. We handle the claims process and work to maximize your recovery. Contact us today for trusted legal assistance.
Can You Still Sue If the At-Fault Driver Can’t Be Identified?
Yes, you can still sue even if the at-fault driver can’t be identified. In such cases, you may file a claim under your own UM/UIM insurance coverage if your policy includes it. This helps you seek compensation for medical bills, lost wages, and pain and suffering. Additionally, your personal injury attorney can help explore other legal options, such as investigating and suing vehicle owners or third parties who may share responsibility for the accident.
Let Todd Miner Law Handle Your DUI Hit and Run Claim From Start to Finish — Get a Free Consultation!
Getting fair compensation after a DUI hit-and-run accident can be stressful and confusing. The at-fault driver may never be found, leaving you with medical bills, car repairs, and lost wages. Insurance companies may also delay or deny your claim, especially when you don’t have strong evidence. Without legal help, you risk missing deadlines, losing important footage, or failing to prove fault.
At Todd Miner Law, we help you protect your legal rights after a DUI hit-and-run in Orlando. With 32 years of experience, we quickly gather evidence, locate witnesses, and review crash reports to build a strong case. We also help you pursue compensation through Florida’s victim compensation program or a civil lawsuit against the other driver. Call 407-894-1480 today for your free case review. You can also visit our office at 915 Outer Rd, Orlando, FL 32814.
FAQs
Is Leaving the Accident Scene Considered a Felony?
Yes, under Florida law, leaving the scene is a felony if the crash involves an injured person or results in death. For example, a hit-and-run causing serious injury is a second-degree felony, while death makes it a first-degree felony. Moreover, if the crash involves only property damage, it’s usually a misdemeanor (a less serious criminal offense).
When Should I Hire a Lawyer for a DUI Hit-and-Run Claim?
You should hire a lawyer right after a DUI hit-and-run crash. Acting quickly helps protect your rights, preserve important evidence, and avoid mistakes like making a statement that can be used against you or missing legal deadlines. Moreover, a lawyer will handle communication with the law enforcement officer, manage criminal charges, and guide you through the legal process to protect your claim.
How Long Do I Have to File a DUI Car Accident Claim?
Under Florida law, you generally have two years to file a DUI car accident claim involving injury or property damage. This deadline is called the statute of limitations. If you miss this deadline, the court will dismiss your case, preventing you from recovering compensation. Therefore, it’s important to act quickly to gather evidence and protect your rights after the crash.
Will Witnesses Strengthen My Hit-and-Run Accident Case?
Yes, witnesses can significantly strengthen a DUI hit-and-run case. Their statements help establish how the accident occurred, identify the parties involved, and confirm whether the driver left proper written notice after hitting unattended property. In addition, they can offer an unbiased account of the driver’s behavior after the crash, including whether the driver attempted to flee or appeared impaired.
What Happens If I’m Falsely Accused of a DUI Hit-and-Run?
If you are falsely accused of a DUI hit-and-run, you should contact our defense lawyer without delay. These charges can lead to a third-degree felony and serious penalties. That’s why our lawyer will review all evidence, including traffic camera footage and witness testimony, to identify inconsistencies and build a strong defense that protects your rights and challenges the false accusation effectively.
Does a DUI Hit-and-Run Affect My Insurance Premiums?
Yes, being involved in a DUI hit-and-run leads to higher insurance premiums. Insurance companies consider these incidents high risk due to the legal consequences and potential damages involved. In addition, a DUI conviction or suspended license can make it challenging to secure standard insurance coverage, further increasing your insurance rates.
How Long After a Hit-and-Run Accident Can You Be Charged in Florida?
Under Florida Statute § 775.15, prosecutors have up to two years to file charges for a misdemeanor hit-and-run involving property damage. For more serious cases involving injury or serious bodily harm, which are classified as felonies, the statute of limitations extends to four years. If the hit-and-run results in death, it is a first-degree felony with no statute of limitations, meaning charges can be filed at any time.
What Happens If Both Drivers Flee the Scene of an Accident in Florida?
In Florida, if both drivers flee the scene of an accident, they both can face legal consequences, including criminal charges, license suspension, and potential jail time. For example, if the crash results in injury, each driver may be charged with a third-degree felony, which results in up to five years in prison. Additionally, leaving the scene without providing proper information can result in license suspension and fines under Florida law.
