Florida is by far the most dangerous state for pedestrians to explore. A study by Transportation for America, a non-profit organization committed to aligning the nation’s transportation policies with an array of issues ranging from climate change to health and community development, ranks four Floridian metropolises as the most dangerous in the nation. This perhaps should not be surprising, given the fact that South Florida is consistently ranked as the nation’s worst area for hit and run fatalities. Time Magazine notes that while most U.S. counties only face a handful of hit and run deaths in a year, counties like Miami-Dade have seen as many as 46 hit and run fatalities annually within the past decade.

Transportation for America blames the hit and run crisis in Florida and across the nation on urban sprawl which has been constructed with a great deal of space for cars and trucks but has left little for pedestrians, cyclists and public transit. The report also states that remedying the situation will require more transportation safety money devoted to pedestrian projects like increased sidewalk construction.

Though efforts are slowly being implemented in Florida to combat pedestrian accidents in general and hit and runs specifically, it is important to understand what penalties exist for hit and run perpetrators and what remedies exist for victims until the problem can be eradicated.

Penalties for Hit and Run Accidents

It is never excusable to hit a pedestrian or cyclist and then “run” from the scene. Regardless of whether hitting the victim was accidental or intentional, leaving the victim at the scene before giving personal information to law enforcement and before rendering aid to the victim, if appropriate, is a felony under Florida law. The level of a hit and run perpetrator’s culpability is determined by the extent of the victim’s injuries.

• If a hit and run perpetrator runs from a victim who has been injured by the accident, the perpetrator will have committed a third degree felony, which is punishable by up to five years imprisonment
• If a hit and run perpetrator runs from a victim whose death has resulted from the accident, the perpetrator will have committed a first degree felony, punishable by up to 30 years imprisonment
• A perpetrator driving under the influence who runs from a victim whose death has resulted from the accident will be sentenced to a mandatory minimum term of two years imprisonment

Remedies for Victims

The remedies for victims of hit and run accidents vary depending on the situation, which is one reason why it is important to consult an attorney with any questions that you might have if you or someone you care about is a victim of a hit and run. There are avenues of remedies that victims of hit and runs may be granted by the criminal court that sentences the perpetrator and by the State. Victims may also pursue remedies through a civil suit.

Perpetrators convicted of running from an injured or murdered victim are required to make restitution to the victim for damages and losses unless the court finds a clear and compelling reason not to order restitution. The restitution may be monetary or nonmonetary. The court will likely make payment of restitution a condition of probation. This restitution does not diminish any award the victim may receive under the Crimes Compensation Trust Fund.

The Crimes Compensation Trust Fund will provide eligible injured victims or the survivors of hit and run victims with monetary assistance for such needs as medical treatment, funeral expenses and to compensate for loss of support. The criteria under which victims and survivors qualify for the Fund are specific and time sensitive. Victims and survivors are encouraged by law enforcement to apply with the Florida Bureau of Victim Compensation under the Office of the Attorney General for an eligibility determination.

Victims and survivors may also seek compensatory and punitive damages against the perpetrator of a hit and run in a civil suit. The amount of damages that can be sought are based on a myriad of factors. If you have questions about bringing a civil suit, it is best to contact an attorney.

For More Information, Contact an Attorney

Navigating the Florida law regarding hit and run accidents can be a complex and confusing process. If you or someone you care about is a victim of a hit and run, please contact an experienced personal injury attorney.