what action to take when in a hit-and-run accident in florida

9
CAR ACCIDENT INJURIES

Upload: melindawhite

Post on 14-Jun-2015

634 views

Category:

Law


1 download

DESCRIPTION

This article discusses Florida Statute 316.061

TRANSCRIPT

Page 1: What Action to Take When in A Hit-And-Run Accident in Florida

CAR ACCIDENT INJURIES

Page 2: What Action to Take When in A Hit-And-Run Accident in Florida

WHAT ACTION TO TAKE WHEN IN A HIT-AND-RUN ACCIDENT IN FLORIDA

Leaving the scene of an accident is commonly referred to as a "hit-and-run" accident. These types of accidents are considered criminal acts in Florida. If accused of leaving the scene or if you the other party hit you and left the scene of an accident, you need to know the right legal action. You can find the particulars of this law under Florida Statute 316.061.

Page 3: What Action to Take When in A Hit-And-Run Accident in Florida

FLORIDA LAW DEFINES THIS ACTION AS FOLLOWS:

1. When a person is involved in a crash with another person's property such as a vehicle, building or other structure, and

2. Chooses to leave the scene of the crash without providing an address, name, registration and driver's license to the owner of the property.

If the owner of the property is not available to receive the information or cannot be located, then the person leaving the scene must report the accident to a Florida law enforcement agency and provide all of his or her information including name, address, registration and driver's license. Otherwise, you are in violation of Florida law.

Page 4: What Action to Take When in A Hit-And-Run Accident in Florida

WHAT TO DO AFTER HIT-AND-RUN ACCIDENTS

If you are the victim of someone leaving the scene of a crash, it's important to record the license plate number and get a description the car including model, make and approximate year.

After getting this information, contact the police and report the information as soon as possible. You must be able to provide where the crash happened and what direction that the car was heading in after the crash.

Once you have contacted the police, contact your insurance provider and start the claims process. Once you have contacted all parties, you must wait for police to file a report. Then you may have your car towed and get a rental car through your insurance company.

Page 5: What Action to Take When in A Hit-And-Run Accident in Florida

WHEN CRASHES INVOLVE INJURY OR DEATH

Under Florida Statute 316.027, you must follow certain actions so that you are not in violation of other laws if involved in a hit-and-run accident. If you are involved a hit-and-run resulting in injury or death to any person including a passenger in your vehicle, then you should follow these steps:

1. Stop the vehicle immediately

2. Provide your name, address, registration information and driver's license number

3. Give any reasonable assistance to those who are injured or deceased by transporting or making arrangements for transportation of the person to an emergency room or medical facility for treatment if treatment is necessary or if any person requests medical assistance

Page 6: What Action to Take When in A Hit-And-Run Accident in Florida

If you are unable to give your information to the person being transported to the hospital or who has deceased, then you must report the accident to nearest Florida law enforcement agency. You will need to give your name, address, registration information and driver's license.

Page 7: What Action to Take When in A Hit-And-Run Accident in Florida

PENALTIES FOR LEAVING THE SCENE OF A CRASH IN

FLORIDA

There are severe penalties for motorists who don't abide by the above laws. The punishments are based on damage to property, personal injury or death.

Florida can charge you with one of the following if you are accused of leaving the scene of an accident:

• Leaving the scene of an accident involving injury

• Leaving the scene of an accident involving death

• Leaving the scene of an accident involving property damage

Page 8: What Action to Take When in A Hit-And-Run Accident in Florida

If you are involved in leaving the scene of an accident that resulted in property damage, you may receive a second degree misdemeanor under Florida law.

However, if you are involved in a hit-and-run accident where a person dies, you may face up to 30 years in prison as it is considered a first degree felony in Florida and is punished as a level 7 offense in Florida's sentencing laws.

Page 9: What Action to Take When in A Hit-And-Run Accident in Florida

HOW TO PROTECT YOURSELF AGAINST HIT-AND-RUN

CRIMES

Even though many people in Florida have insurance because it's required, you may only have the minimal insurance coverage, which doesn't protect you from hit-and-run accidents. These accident claims fall under collision coverage in Florida. Some policies only cover uninsured motorist protection, which does not include protection of your property under hit-and-run accidents.