According to the AAA Foundation for Traffic Safety, hit and run accidents are alarmingly common throughout the United States. Although some hit and run accidents only involve minor damage, many of these accidents result in serious, and potentially fatal, injuries. Florida law imposes civil and criminal liability on hit and run drivers depending on the specific facts of the accident.
Recent updates to the Florida Motor Vehicle Statute section 316. 061, provides that drivers must remain at the scene of an accident and provide reasonable assistance to any victims as long as it is safe to do so. Drivers who fail to abide by this rule may be subject to personal injury lawsuits, serious fines, and criminal penalties.
When bringing a personal injury claim, accident victims must provide the trier of fact with proof of a hit and run accident if they wish to recover damages for their losses. The most critical evidence includes information establishing that the person who left the accident scene was the driver involved in the accident. Next, the plaintiff must prove that the driver knew or should have known they were involved in a collision that resulted in property damage, injury, or death. Finally, the victim must establish that the driver intentionally failed to stop or remain at the scene of the accident long enough to provide identifying information to any relevant party and failed to provide “reasonable” assistance to the victims.