Fort Lauderdale Hit-And-Run Accident Lawyer

How Often Do Hit-and-Run Accidents Occur in Fort Lauderdale, Florida?

Whether you’re enjoying a day at the beach or taking in Fort Lauderdale’s cultural events, the possibility of a hit-and-run accident occurring is high. It could happen while you’re in your car, on foot, or riding a bicycle. Drivers from out of town, businesses, and popular beaches combine to create distractions that can cause an accident.

Unfortunately, hit-and-run accidents are not a rare occurrence in Florida. The state averages more than 103,000 hit-and-run accidents every year. In 2022, hit-and-run crashes resulted in 266 deaths, with 73 percent of deaths involving pedestrians or bicyclists.

In Florida, leaving the scene of an accident is a serious crime. According to Florida § 316.027, a driver who is involved in a crash that causes personal injury or death must “immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash” to provide identification and assistance if necessary.

For immediate legal assistance from an experienced Fort Lauderdale hit-and-run lawyer contact us today. We offer free case evaluations and are never too busy to speak with you.

What Are Some Examples of Hit-and-Run Accidents?

Many types of hit-and-run accidents can occur in Fort Lauderdale. Some common examples include:

• Drivers who are under the influence of alcohol or drugs and leave the accident scene to avoid arrest
• Drivers who are distracted while texting, eating, or talking to their passengers.
• Drivers who have a warrant for their arrest or are fleeing police after committing a crime
• Bicyclists or motorcyclists hit by a car
• Pedestrians struck by a vehicle while walking on the side of a road
• Reckless drivers who are unconcerned about injuries to other people
• Street racers striking pedestrians, children, or bicyclists
• Drivers who are unaware that an accident has occurred
• Uninsured drivers
• Parked or otherwise unattended vehicles

Who Pays for Damages in a Hit-and-Run Accident in Fort Lauderdale, Florida?

Florida is a no-fault state, which means that your insurance will cover part of your damages no matter who is at fault. There are two main ways either you can collect damages from injuries caused by the accident: personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage.

Collecting From PIP Insurance

Owners of cars registered in Florida must carry PIP insurance with a minimum of $10,000 in coverage. If you are injured in a hit-and-run accident and seek medical care within 14 days, your PIP policy will pay for:

1. 80 percent of medical expenses within the policy limit
2. 60 percent of lost pay from work
3. $5,000 death benefits

After you’ve been injured in an accident, it’s important to have records of medical expenses and lost wages. Keep copies of medical bills from accident-related treatments, including emergency room visit, hospitalization, and doctor’s office appointments. If you lose income due to missed work, you’ll need pay stubs to prove your usual wages or salary.

Collecting From UM/UIM Coverage

UM insurance allows you to recover damages when the driver who caused the accident is uninsured. If the at-fault driver has insurance that is insufficient for your damages, your UIM policy will cover damages.

Although it is not required by law, Florida auto insurers must make UM/UIM available to their customers. If you decline, you must sign a statement showing that you opted out of the UM/UIM insurance. Your UM/UIM insurance will cover damages up to the liability limits of your insurance policy.

You may want to review your auto insurance policy to find out if you have UM/UIM coverage. Without it, you cannot recover damages caused by an uninsured hit-and-run driver. Even if you are seriously injured, you are limited to coverage from your PIP insurance.

To learn more about recovering damages speak with an experienced Fort Lauderdale hit-and-run attorney at our law firm today. We offer free consultations.

The Driver Fled the Scene of the Accident: Isn’t That a Crime?

According to Florida law, there are no valid excuses for leaving the scene of a Fort Lauderdale car accident. However, many people have their own reasons for fleeing. Here are some of the reasons people give for leaving the scene of an accident:

• The driver is uninsured or underinsured.
• The driver is under the influence of alcohol or drugs.
• The driver does not have a license, or their license is invalid or suspended.
• The driver is not aware that an accident has occurred.
• The driver’s actions are a result of road rage.
• The driver is afraid of consequences such as going to jail.

Whatever the reason, leaving the scene of a car accident will only make matters worse. The injured party or parties do not know how to get in touch with the driver or what further steps they should take. The driver who flees can face serious criminal charges.

A hit-and-run accident is a criminal case because a party broke the law by leaving the scene of the accident. The state of Florida prosecutes hit-and-run cases. Even if the accident involves only property damage, Florida § 316.061 states that drivers must remain at the scene. If a person is found guilty of a hit-and-run crime, they can face the following penalties:

• Damage to personal property (second-degree misdemeanor) , up to 60 days in jail and a $500 fine
• Injury (third-degree felony), up to 5 years in prison
• Serious bodily injury (second-degree felony), up to 15 years in prison
• Death (first-degree felony), a 4-year minimum mandatory sentence (§ 316.027)

On the other hand, a driver who flees the scene of an accident may also face a civil lawsuit for damages caused by their negligence. An injured party can receive compensation for damages such as medical bills, lost wages, and pain and suffering. The negligent driver may also have to pay punitive damages, which serve as a punishment and a deterrent against future negligence.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has launched a public awareness campaign called Stay at the Scene. The campaign educates drivers about their legal responsibilities following a crash, as well as the penalties they face if they leave the accident scene. The FHMSV hopes that public awareness will help reduce the more than 103,000 hit-and-run accidents that take place in the state every year.

To learn more about Florida’s hit-and-run laws, contact a Fort Lauderdale car accident lawyer from our law firm today. We can help you understand your legal options after an accident or injury where the at-fault driver fled the scene.

Are There Ways to Find a Hit-and-Run Driver in Fort Lauderdale?

Finding a hit-and-run driver can be a challenge and can make coping with an accident even more difficult. There are ways, however, which our Fort Lauderdale hit-and-run attorneys know of to find a driver who has left the scene of the accident.

If you or a loved one are injured in a hit-and-run crash, you should file a police report right away to help law enforcement locate the driver. After an accident, you may be injured and frightened. You may not feel like filing a police report, but it is one of the most important things you can do to help locate the driver.

Police Investigation

When a hit-and-run crash occurs, the Fort Lauderdale police are more likely to investigate the accident. A crime has been committed, so the police have incentive to locate the hit-and-run driver.

One method that police use is old-fashioned knocking on doors near the accident scene. They typically ask people if they saw anything unusual or know the whereabouts of the driver. They may ask if they recognize the vehicle or if they can identify the driver from security footage.

Surveillance Cameras and Security Footage

These days, police have access to video recordings from a variety of sources. Highway cameras, business surveillance cameras, and even home security cameras may have footage of a hit-and-run accident. This footage may help law enforcement identify and locate the hit-and-run driver.

Witnesses

A hit-and-run accident can be infuriating to watch. A witness may be outraged when they see the driver ignore their responsibility and leave the scene of an accident. Witnesses often want to do anything they can to help police bring the fleeing driver to justice. An angry witness may write the license plate number and description of the vehicle to help identify and track down the driver.

Broward County Department of Motor Vehicles

Once the police have the license plate number, it’s easier for them to find the hit-and-run driver. The Broward County Department of Motor Vehicles can find the driver’s name and address by checking the vehicle information on file.

Social Media and Television

Law enforcement has technology on its side when investigating a hit-and-run crash. People who have important information may see news of the accident on social media or TV. When they learn the seriousness of the accident, some people may come forward with information that can help police catch the fleeing driver.

For more information on ways to find a driver who fled the scene of the accident, reach out to our experienced Fort Lauderdale hit-and-run lawyers.

Hit-and-Run Accident Lawyers in Fort Lauderdale, Florida

If you or a loved one have been injured in a hit-and-run accident, you need the help of a knowledgeable attorney. The legal team at The Bald Injury Lawyers has years of experience dealing with insurance companies, including as former insurance defense attorneys. We strive to build trust with our clients through clear communication and dedication. If you are the victim of a hit-and-run crash, contact us today for a free consultation and case review.

From our Fort Lauderdale office, we also represent clients in Hialeah, Coral Springs, Plantation, Pompano Beach, Hollywood, and more.

FAQs

Who pays my medical bills after a hit-and-run in Florida?

Your own PIP coverage pays first, regardless of fault. Owners of cars registered in Florida must carry $10,000 in Personal Injury Protection (PIP) and $10,000 in property damage liability. Bodily injury liability coverage is not required for most drivers. PIP pays 80 percent of reasonable medical bills and 60 percent of lost income, up to $10,000, plus a $5,000 death benefit. You must get medical care within 14 days of the crash, and benefits may be capped at $2,500 unless a qualified provider finds an emergency medical condition (Fla. Stat. §§ 627.733, 627.736).

What if the hit-and-run driver is never found?

If the driver is never identified, uninsured motorist (UM) coverage on your own policy may pay for losses beyond PIP. Uninsured motorist coverage is optional in Florida and must be rejected in writing (§ 627.727).

What are the penalties for leaving the scene of a crash in Florida?

Leaving the scene of a crash with injury is a third-degree felony (up to 5 years). With serious bodily injury it is a second-degree felony (up to 15 years). With a death it is a first-degree felony with a 4-year minimum mandatory sentence (§ 316.027).

How long do I have to file a lawsuit after a hit-and-run?

For injuries caused by negligence on or after March 24, 2023, Florida generally allows two years from the date of the accident to file a lawsuit (Fla. Stat. § 95.11(5)(a)). Wrongful death claims must be filed within two years of the date of death. Some claims have different deadlines, so talk to a lawyer as soon as possible.