Hit And Run
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Hit and Run: Legal and Personal Impact
Leaving the scene of an accident—commonly known as a hit and run—is a serious criminal offense with severe legal and personal consequences. In most jurisdictions, including Florida, the law requires drivers involved in an accident to stop, render aid if necessary, and provide contact and insurance information. Failing to do so, whether the crash involves property damage, injury, or death, can result in escalating criminal charges and lasting consequences.
When a hit and run involves only property damage, it is usually treated as a misdemeanor. However, even in these cases, offenders can face fines, license suspension, community service, and up to 60 days in jail. If the accident results in injury, the charge becomes a felony, with penalties including up to 5 years in prison, steep fines, and a mandatory driver’s license revocation. If a hit and run causes a fatality, it is considered a first-degree felony, which may carry a minimum mandatory prison sentence of 4 years, with potential for much longer incarceration.
Beyond legal punishment, a hit and run can inflict deep personal and professional damage. A conviction can result in a permanent criminal record, loss of employment, skyrocketing insurance premiums, and social stigma. For professional drivers, such as those with commercial licenses, it could mean the end of a career. Moreover, fleeing the scene often makes matters worse, as prosecutors and courts view the act as an attempt to evade responsibility, and it can undermine any defense you may have had.
The best course of action after any accident—no matter how minor—is to stay at the scene and comply with legal requirements. Not only is it the law, but it’s also a moral responsibility to ensure that anyone injured receives help and that property owners are informed. In the eyes of the court and the community, accountability matters. If you're involved in or accused of a hit and run, it’s essential to seek legal representation immediately to mitigate the consequences and protect your rights.
Your Defense Starts with the Right Legal Team
Your Defense Starts with the Right Legal Team
At Crag Chaderton Law, we don’t just defend—we strategize, personalize, and advocate with precision. If you're facing a hit and run accusation in Florida, time is critical. Contact us immediately to begin building a strong, smart defense before the case builds against you.
Crag Chaderton Law’s Strategy for Handling Hit and Run Cases
1. Immediate Damage Control and Case Assessment
1. Immediate Damage Control and Case Assessment
Our first priority is to take swift action to stabilize your legal situation. We begin by gathering all available evidence, including surveillance footage, traffic cam recordings, witness statements, 911 calls, and police reports. If you were unaware an accident occurred or left the scene due to fear or confusion, we document the full context to humanize your side of the story.
2. Voluntary Surrender and Cooperation (When Appropriate)
2. Voluntary Surrender and Cooperation (When Appropriate)
In some cases, we advise clients to come forward voluntarily in a carefully planned manner, which can show good faith and often positions the client more favorably with prosecutors and judges. We guide you through every step, ensuring that you do not make self-incriminating statements while still complying with legal obligations.
3. Challenging the State’s Evidence
3. Challenging the State’s Evidence
To convict someone of a hit and run, prosecutors must prove knowledge of the accident and intentional flight. We closely examine whether the state can meet that burden. In many cases, we raise reasonable doubt about whether the client was aware of the collision, or whether someone else was driving the vehicle. We also challenge any procedural missteps in law enforcement’s handling of the investigation.
4. Mitigating Circumstances and Reducing Charges
4. Mitigating Circumstances and Reducing Charges
When liability cannot be completely avoided, our focus shifts to damage control. We present mitigating factors—such as lack of criminal history, emotional distress, or medical emergencies—that may justify a reduced charge or alternative sentencing. In cases involving property damage only, we aggressively pursue pretrial diversion or withhold of adjudication to avoid a permanent record.
Site:
Accidents Know How.
1. Stop Immediately
1. Stop Immediately
Do not leave the scene. Stopping is not only the law—it’s a moral and legal obligation. Fleeing the scene can result in criminal hit-and-run charges, especially if the pedestrian is injured.
2. Ensure Safety
2. Ensure Safety
Turn on your hazard lights and, if safe to do so, move your vehicle out of traffic to prevent further accidents. Make sure the scene is visible to others and not at risk of causing more harm.
3. Check on the Pedestrian
3. Check on the Pedestrian
Approach the injured person carefully. Do not attempt to move them unless they’re in immediate danger (e.g., in the path of oncoming traffic). Call 911 immediately and give clear, honest information about the situation.
4. Call Law Enforcement
4. Call Law Enforcement
Regardless of how minor the injury may seem, you are required under Florida law to notify law enforcement. An officer will file an official report, which is crucial for any legal or insurance claims that follow.
How Florida Addresses Hit and Run Incidents
Florida takes hit and run offenses very seriously and has strict laws in place to penalize drivers who leave the scene of an accident. Under Florida Statutes § 316.061 (for property damage) and § 316.027 (for injury or death), any driver involved in a crash is legally required to stop at the scene, provide identification, render aid if necessary, and notify law enforcement. Failing to do so is not only unlawful—it can turn a minor accident into a major criminal charge.
1. Property Damage Only
1. Property Damage Only
If the accident results only in damage to a vehicle or property, leaving the scene is considered a second-degree misdemeanor. The penalties may include:
Up to 60 days in jail
A fine of up to $500
Points on the driver's license
Possible driver's license suspension
2. Injury to a Person
2. Injury to a Person
If someone is injured, fleeing the scene becomes a third-degree felony. Penalties for this offense include:
Up to 5 years in prison
A fine of up to $5,000
Mandatory license revocation for at least 3 years
Additional civil liability in personal injury lawsuits
3. Death of a Person
3. Death of a Person
In cases where the hit and run results in a fatality, it is a first-degree felony, punishable by:
Up to 30 years in prison
A minimum mandatory sentence of 4 years (under the Aaron Cohen Life Protection Act)
A fine of up to $10,000
Permanent criminal record and long-term driver’s license revocation
4. Additional Consequences
4. Additional Consequences
Besides criminal penalties, drivers who flee the scene may face:
Civil lawsuits for damages or wrongful death
Increased insurance rates or cancellation
A reputation for irresponsibility, which can impact employment and community standing
Hit N, Run Charges? Act Fast.
Life can hit you so quickly.
One mistake shouldn’t ruin your future.
Crag Chaderton Law, we fight for dismissals, license protection, and your peace of mind.
Call: 321 443 7481 Today!
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