Miami Leaving the Scene of an Accident Attorney

If you or a loved one has been arrested or is under investigation for leaving the scene of an accident, it is important to speak with an experienced Miami defense attorney as soon as possible. What happened in the moments after a crash can lead to criminal charges, even if you did not cause the accident. Depending on whether anyone was hurt, you could face a misdemeanor or a felony carrying years in prison.

These cases often turn on questions that a police report cannot fully answer. Who was driving? Did the driver know a collision had occurred? Was anyone injured, and what would the driver have been able to see or hear? Our firm defends people accused of criminal traffic offenses in Miami and throughout South Florida. We examine the evidence, explain your options, and work to protect your freedom and driving privileges.

What Is Leaving the Scene of an Accident?

Leaving the scene of an accident, often called hit-and-run, involves failing to meet the duties Florida law imposes after a crash. The charge depends on whether the crash involved only property damage, an injury, serious bodily injury, or a death. The rules also differ when the damaged vehicle or property was unattended.

You do not have to cause a crash to have a duty to stop. A driver who was following the traffic laws may still face charges for unlawfully leaving afterward.

What Does Florida Law Require After a Crash?

When a crash involves an injury, a death, or damage to an attended vehicle or property, you must stop at the scene or as close to it as possible and fulfill the duties that apply. Under Florida Statute § 316.062, those duties include:

  • Giving your name, address, and vehicle registration number to the people entitled to receive that information.
  • Showing your driver’s license if it is requested and available.
  • Providing the required information to a police officer at the scene or investigating the crash.
  • Giving reasonable assistance to anyone injured, including arranging medical transport when treatment is clearly needed or the injured person requests it.

Stopping briefly does not necessarily satisfy the law. Leaving before you provide the required information or assistance can still lead to a charge. At the same time, moving a damaged vehicle out of traffic is different from abandoning the scene. Florida law requires reasonable efforts to clear an obstructing vehicle.

What If You Hit a Parked Car?

Under Florida Statute § 316.063, if you damage an unattended vehicle or other property, you must stop and either locate the owner or operator or securely leave a written notice in a visible place. The notice must give your name, address, and vehicle registration number. You must also notify the nearest authorized police agency without unnecessary delay.

Leaving only a phone number on a windshield does not meet all of these requirements. Failing to comply can result in a second-degree misdemeanor.

Penalties for Leaving the Scene of an Accident in Florida

The main penalties depend on the harm caused by the crash. Property-damage cases involving an attended vehicle or property fall under Florida Statute § 316.061. Cases involving injury or death fall under Florida Statute § 316.027.

Property damage to an attended vehicle or property: Leaving the scene of a crash involving only property damage to an attended vehicle or property is a second-degree misdemeanor, carrying an ordinary maximum penalty of 60 days in jail and a standard maximum fine of $500.

Damage to an unattended vehicle or property: Failing to fulfill the required duties after damaging an unattended vehicle or property is a second-degree misdemeanor, carrying an ordinary maximum penalty of 60 days in jail and a standard maximum fine of $500.

Injury other than serious bodily injury: Leaving the scene of a crash involving an injury other than serious bodily injury is a third-degree felony, carrying an ordinary maximum penalty of 5 years in prison and a standard maximum fine of $5,000.

Serious bodily injury: Leaving the scene of a crash involving serious bodily injury is a second-degree felony, carrying an ordinary maximum penalty of 15 years in prison and a standard maximum fine of $10,000.

Death: Leaving the scene of a crash involving death is a first-degree felony, carrying an ordinary maximum penalty of 30 years in prison and a standard maximum fine of $10,000.

These figures reflect the ordinary limits under Florida’s general sentencing laws. Court costs, statutory assessments, and restitution may also apply. Section 316.061 adds $5 to a fine imposed under that section. Any applicable sentencing enhancement must be considered separately.

Crashes Involving Serious Bodily Injury or Death

Serious bodily injury means an injury that creates a substantial risk of death, causes serious disfigurement, or produces a prolonged loss or impairment of a body part or organ. Whether an injury meets that standard can affect the degree of the felony.

Leaving the scene of a crash involving death carries a four-year mandatory minimum prison term. In a case that does not involve DUI, the statute allows a judge to depart from that minimum upon a specific finding that imposing it would result in an injustice. That exception is narrow; a shorter sentence should never be assumed.

Driver’s License Revocation

A violation involving injury, serious bodily injury, or death under § 316.027 carries a driver’s license revocation of at least three years. Reinstatement also requires completion of the applicable victim impact panel or approved driver improvement course.

If your license has been revoked, driving before your privileges are lawfully restored can expose you to additional driver’s license charges. Your defense should address the license consequences along with the criminal case.

What Must the State Prove?

For a felony charge involving injury or death, the State must prove each required element beyond a reasonable doubt. In general, the prosecutor must establish that:

  1. You were driving a vehicle involved in a crash that caused the injury or death alleged.
  2. You actually knew that a crash had occurred.
  3. You knew, or should have known from the circumstances, that someone was injured. In a death case, the required awareness concerns injury or death; the State need not prove you knew the person had died.
  4. You willfully failed to stop and remain as required to provide identifying information, or willfully failed to provide reasonable assistance when required.

The distinction between knowing about a crash and knowing about an injury matters. In State v. Dorsett, the Florida Supreme Court held that actual knowledge of the crash is required under § 316.027. That knowledge can be proved through the surrounding facts; the State does not need an admission from the driver. Property-damage charges arise under different statutes and require a separate analysis.

Defenses to Leaving the Scene of an Accident

An arrest does not establish guilt. The defense depends on the charge and the evidence, including what happened before you left and what the State can prove about your role in the crash. Issues we examine include:

  • Identity of the driver. A license plate may identify a vehicle, but it does not necessarily establish who was behind the wheel. Witness descriptions, video, and other evidence must be examined.
  • Knowledge of the crash. In a felony case under § 316.027, the force of the impact, visibility, vehicle damage, and what the driver could hear or feel may bear on actual knowledge.
  • Awareness of an injury. The circumstances may leave a reasonable doubt about whether the driver knew or should have known someone was hurt.
  • Compliance with the law. Evidence that you stopped, provided the required information, or arranged assistance may contradict the allegations. The exact duties depend on the type of crash.
  • The claimed injury. Medical records and other evidence may be needed to determine whether the crash caused the alleged harm and whether it qualifies as serious bodily injury.
  • Ability to comply. A medical emergency, loss of consciousness, or another circumstance beyond the driver’s control may affect whether a failure to comply was willful.

Fear or panic does not automatically excuse leaving. Returning later also does not automatically erase an earlier violation. Those facts should still be reviewed because they may affect the evidence, the available defenses, or efforts to resolve the case.

Related Charges After a Hit-and-Run Investigation

Leaving the scene is separate from the conduct that caused the crash. If there is evidence of impairment, the State may also pursue a DUI charge. Evidence of willful or wanton disregard for safety may support reckless driving. Each offense has its own requirements; a collision alone does not prove either charge.

If police order a driver to stop and the driver willfully refuses, the case may also involve fleeing and eluding. Unlawfully leaving a crash, then fleeing an officer and causing further damage or injury, can lead to aggravated fleeing and eluding charges.

What Should You Do If Police Contact You?

If someone needs emergency help, call 911. Comply with the duties that apply at the scene. If police later contact you about a hit-and-run investigation, speak with a defense attorney before giving a detailed account of what happened. Your duty to provide required identifying information does not remove your right against self-incrimination.

Preserve any photographs, dashcam footage, messages, and witness contact information. Ask your attorney how to document and preserve the vehicle’s condition before repairs. Nearby businesses or homes may have video that is kept for only a short time, so early work on the case can matter.

Contact an Experienced Miami Leaving the Scene of an Accident Attorney

Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Feel free to browse the results section of our site for a representative sample of our past cases and the results we have achieved for our clients.

By taking the immediate action of hiring an attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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