When you’re involved in a car accident, even one without apparent injuries or damage, the aftermath can be stressful and confusing. The urge to swap insurance cards and be on your way or leave the scene altogether to avoid a lengthy hassle might be strong.
But, leaving the scene of an accident with no injuries in Florida can result in serious consequences. Understanding the legal consequences and the importance of proper procedures can help you avoid severe penalties and safeguard your rights.
Florida Law: Stay on the Scene
Florida has a strict policy against drivers who leave the scene of an accident, regardless of injury. Florida law is crystal clear: “The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash.”
Simply put, if your car touches another vehicle or property, you must stop. No exceptions. Florida law requires drivers to:
- Stop at the scene. Remain at the accident scene until you have exchanged information and provided assistance if needed.
- Exchange information. Provide your full name, current address, and vehicle registration number to the other party involved.
- Report the accident. If the accident involves property damage exceeding $500, you must report it to the local police department, Florida Highway Patrol, or the county sheriff’s office.
This may appear excessive for a minor collision, but there are valid reasons for these requirements:
- Hidden damage. That barely-there scratch might mask a bigger problem. Adrenaline can mask pain, and injuries can manifest later. Leaving the scene can make determining fault difficult and hold the responsible party accountable for potential medical bills.
- Witness observations. Bystanders might have crucial details that could influence the accident narrative. Without exchanging information, you cannot gather witness statements that could help determine fault later.
- Insurance issues. Hit-and-run charges can complicate your insurance claim. Cooperation is key, and fleeing the scene can be seen as an admission of guilt, potentially impacting your coverage or leading to a denial of your claim.
Adhering to these laws helps avoid legal penalties and ensures all parties can handle the situation effectively and adequately determine fault. Not following these rules can lead to criminal charges, like hit-and-run, regardless of how serious the accident is.
What Is the Penalty for Leaving the Scene of an Accident in Florida?
Leaving the scene of an accident carries penalties that depend on the severity of the incident. Leaving the scene of an accident with no injuries in Florida is usually considered a second-degree misdemeanor, resulting in the following possible consequences:
- A fine of up to $500,
- Up to 60 days in jail,
- Possible probation, and
- Points added to your driving record.
These consequences can escalate if the accident involves property damage or if you have prior offenses.
Is Leaving the Scene of an Accident a Felony in Florida?
While leaving the scene of a non-injury accident is usually a misdemeanor, the charges can escalate to a felony if the accident involves injuries or fatalities. For instance, leaving the scene of an accident where someone is injured can be charged as a third-degree felony, punishable by:
- Up to 5 years in prison,
- Up to 5 years of probation, and
- A fine of up to $5,000.
If the accident results in a fatality, the charges can increase to a first-degree felony, leading to even more severe consequences. Therefore, even a seemingly innocuous decision to leave the scene can have significant legal ramifications.
What If I Accidentally Leave the Scene and Realize it Later?
If you accidentally leave the accident scene, it’s vital to report it to the police immediately to reduce possible legal repercussions. Explain the situation and provide all necessary information. Promptly taking responsibility can help lessen potential legal consequences.
Hit-and-Run vs. Leaving the Scene: Is There a Difference?
Although these terms are frequently used interchangeably, there is a slight difference. A true hit-and-run involves leaving the scene with the intent to avoid responsibility or criminal charges. Leaving the scene, on the other hand, doesn’t necessarily imply malicious intent.
However, the law doesn’t differentiate between the two. Simply leaving the scene, regardless of your reason, can trigger the same legal consequences.
Don’t Let a Minor Mishap Turn Major. Contact James Horne Law, PA
A seemingly minor accident can snowball into legal trouble if you leave the scene. At James Horne Law, PA, with over a decade of experience handling accident cases, we understand that accidents happen. But we also understand your rights and how to protect them. You can expect to be treated like family. We aim to provide our clients with top-notch service and legal representation. Contact us today to discuss your case.
If you’ve been involved in a non-injury car accident and have questions, don’t hesitate to contact us today to discuss your case.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
Loading...