What if the Driver Leaves the Scene of the Accident (Hit-and-Run)?

A hit-and-run has criminal and civil consequences.

As a practical matter, even though it is a serious crime, hit-and-run usually has no consequences in criminal court. Criminal investigators solve fewer than 10% of hit-and-run cases. We should also mention that the hit-and-run law applies to both parties, and Florida law includes some interaction requirements that other states do not have. Additionally, these drivers should not play the percentage. If they get caught, the direct and indirect consequences are permanent and life-altering.

In contrast, almost every hit-and-run accident has severe civil consequences. Criminal courts punish offenders, and civil courts compensate victims. In Florida, a Brandon personal injury lawyer normally obtains compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available in these claims as well.

Criminal Court

Usually, hit-and-run is a felony. Prosecutors must establish both the “hit” and “run” elements. Running could be fleeing the scene of an accident or not giving sufficient information to the other driver.

Significantly, the state must establish these elements beyond any reasonable doubt. That is a very high standard of proof. So, in most cases, a credible eyewitness must have seen the defendant behind the wheel at or near the time of the accident, or the defendant must voluntarily confess.

A Brandon criminal defense lawyer attacks the credibility of a witness without attacking the witness and angering the jury. Pointing out inconsistent statements is one way to accomplish this task. Once a witness repeatedly tells the same story, the details get confused. Furthermore, by the time the case goes to trial, the witness may have no independent recollection of the event and therefore be incompetent to testify.

Confessions must usually be admissible under the Fifth Amendment. Before investigators interrogate suspects, they must inform them of their Fifth Amendment right to remain silent. The right to remain silent is very broad. It protects behavior like refusing to appear in a lineup.

Civil Court

The elements of hit-and-run are basically the same in civil court. However, the burden of proof is much lower. A Brandon personal injury lawyer must only establish facts by a preponderance of the evidence (more likely than not). How does that difference affect a case? We are glad you asked.

Usually, a Brandon personal injury lawyer does not need a good crash eyewitness to establish a bare-bones case. A vague description, such as a dark SUV, generally suffices. If another witness saw a dark-colored SUV with front-end damage and saw part of the license plate number, an attorney or investigator could easily locate the owner.

The necessary evidence might also be electronic. A red-light or traffic camera several miles away from the scene of the crash might provide the critical missing piece of the puzzle.

It’s more likely than not that the owner was driving a vehicle at any given time. The lower burden of proof also undercuts weak alibis, like I was at home watching TV alone.

Additional evidence is usually admissible as well. This additional evidence often increases the amount of compensation the victim receives. There is usually a direct relationship between the amount of proof a Brandon personal injury lawyer presents and the amount of damages jurors award.

Work With a Hard-Hitting Sarasota County Attorney

Hit-and-runs usually end up in criminal and civil court. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. Virtual, home, and hospital visits are available.