DUI & Criminal Division

Why Leaving The Scene Of An Accident In Florida Is Serious Offense

November 18, 2024

Leaving the scene of an accident in Florida—often referred to as a “hit and run”—is not just a bad decision. It’s a legal minefield with severe consequences. Florida law mandates that drivers involved in accidents must remain at the scene, provide assistance if necessary, and exchange information with the other parties. Failure to do so could lead to steep penalties, tarnish your record, and severely complicate your future. Here’s a closer look at what’s at stake, what penalties you could face, and why hiring an experienced traffic lawyer is crucial if you’ve been charged with this offense.

What The Data Says

Over the past decade, Florida has grappled with a persistent issue: drivers leaving the scene of accidents. From 2013 to 2023, the state witnessed a troubling trend in hit-and-run incidents. In 2013, there were approximately 78,000 hit-and-run crashes. By 2023, this number had escalated to over 104,000, marking a significant increase.

The rise in these incidents prompted legislative action. In 2014, Florida enacted the Aaron Cohen Life Protection Act, imposing stricter penalties on drivers who flee accident scenes, especially those resulting in serious injury or death. Despite these measures, the number of hit-and-run fatalities continued to climb, with 271 reported in 2023, up from 206 in 2018.

FL Highway Safety & Motor Vehicles

Law enforcement agencies have intensified efforts to address this issue. Public awareness campaigns, such as “Stay at the Scene,” aim to educate drivers about the legal obligations and moral imperatives of remaining at accident sites. 

Despite these initiatives, the challenge persists. The data underscores the need for continued vigilance, public education, and robust enforcement to curb the incidence of drivers leaving accident scenes in Florida.

What’s at Stake if You Leave the Scene?

When you leave the scene of an accident, even if the damage seems minor, you’re risking significant legal and personal consequences. First, it’s important to know that Florida law takes into account the severity of the accident. The penalties escalate quickly if injuries or fatalities are involved. Additionally, advancements in technology, including traffic cameras and license plate recognition systems, have enhanced the ability to identify and apprehend offenders.

On top of legal penalties, leaving the scene can affect:

  • Your Driving Record: Points, fines, and possible suspension or revocation of your license.
  • Employment Opportunities: A criminal record can limit your career options, especially for jobs requiring a clean driving history.
  • Your Reputation: The stigma of being labeled as someone who fled responsibility can stick, personally and professionally.

Penalties for Leaving the Scene in Florida

Florida law categorizes hit-and-run offenses into several degrees, depending on the severity of the incident:

  1. Property Damage Only:
    • Second-degree misdemeanor.
    • Penalty: Up to 60 days in jail, a $500 fine, and points added to your driving record.
  2. Injury (Non-Serious):
    • Third-degree felony.
    • Penalty: Up to 5 years in prison, a $5,000 fine, and mandatory license revocation for at least 3 years.
  3. Serious Injury:
    • Second-degree felony.
    • Penalty: Up to 15 years in prison and a $10,000 fine.
  4. Fatality:
    • First-degree felony.
    • Penalty: Up to 30 years in prison, a $10,000 fine, and permanent license revocation.

These penalties reflect the state’s commitment to holding drivers accountable and ensuring the safety of all road users.

How an Experienced Traffic Lawyer Can Help

If you’re charged with leaving the scene of an accident, hiring an experienced traffic lawyer is your best move. The legal process can be overwhelming, and attempting to navigate it alone could lead to harsher penalties than necessary. Here’s why a traffic lawyer is invaluable:

  • Case Analysis: A skilled attorney will thoroughly investigate the circumstances of your case. Was there a misunderstanding? Did you even know an accident occurred? These nuances can be critical in your defense.
  • Minimizing Penalties: An experienced lawyer may negotiate to reduce charges, prevent a felony conviction, or even seek alternative penalties like probation or community service.
  • Protecting Your License: A lawyer can work to preserve your driving privileges, which are essential for your daily life.
  • Courtroom Advocacy: Facing a judge without legal representation puts you at a significant disadvantage. A lawyer will ensure your rights are upheld and advocate for the best possible outcome.

Don’t Face These Charges Alone

Being accused of leaving the scene of an accident is a serious matter. It’s not just about the legal penalties—it’s about protecting your future. Hiring a knowledgeable traffic lawyer from The Ticket Clinic gives you the best chance of mitigating the consequences, whether that means reducing charges, avoiding jail time, or keeping your license intact.

If you’re facing these charges, take action now. The right legal representation can make all the difference in the outcome of your case. Just call or visit one of our 29 locations. Don’t gamble with your future; reach out to an experienced traffic lawyer today at The Ticket Clinic.

Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.