Leaving the Scene of an Accident in Florida
Leaving the scene of an accident, commonly called a “hit and run”, is a serious offense under Florida law. Even when a driver panics or misunderstands what they are required to do after a crash, prosecutors often assume the act was intentional. A hit-and-run conviction can lead to jail time, heavy fines, a criminal record, driver’s license suspension, restitution to victims, and drastic increases in insurance rates. In more severe cases involving injury or death, the offense becomes a felony carrying life-changing consequences.
Many individuals who leave the scene do so out of fear, confusion, or emotional shock—not because they intended to evade responsibility. No matter the circumstances, you should speak with an experienced Melbourne criminal defense attorney immediately if you are accused of leaving the scene of an accident in Brevard County or the surrounding areas.
Melbourne Hit and Run Defense Lawyer
Germain Legal has extensive experience defending individuals charged with leaving the scene of an accident, from minor property-damage incidents to serious injury or fatal crash cases. These matters often involve complex questions of intent, knowledge, and what information the driver was actually aware of at the time of the crash. Our attorneys work to examine the details closely, including accident reports, witness statements, vehicle damage, and whether the driver had a legal justification for moving or leaving the area.
Because hit-and-run allegations can escalate quickly—from a traffic offense to a felony—it is crucial to have legal counsel who can protect your rights from the very beginning. Germain Legal provides aggressive representation aimed at reducing charges, avoiding jail, and defending your driving privileges.
Call (321) 775-3559 to speak with a hit-and-run defense lawyer today.
Overview of Leaving the Scene of an Accident in Florida
- Florida Leaving the Scene of an Accident Statute
- Penalties for Leaving the Scene of an Accident
- Defenses to Leaving the Scene of an Accident
- Role of a Melbourne Criminal Defense Attorney
- Frequently Asked Questions
Florida Leaving the Scene of an Accident Statute
Under Florida Statutes §§ 316.061 and 316.062, drivers involved in an accident are required to remain at the scene and perform certain duties. These duties vary depending on whether the crash involves property damage, injury, or death.
Required Actions After a Crash
Drivers must:
- Provide their name
- Provide their address
- Provide the vehicle’s registration number
- Present driver’s license information upon request
Although exchanging insurance information is customary, it is not explicitly required by statute.
Drivers must also render reasonable assistance to anyone injured. Reasonable assistance may include calling an ambulance, transporting the person to medical care, or facilitating access to emergency responders.
If no one is present to exchange information and law enforcement does not arrive, the driver must contact law enforcement and report the crash. This report does not violate Fifth Amendment protections, but drivers should consult an attorney if the crash involved serious injury or death.
Drivers must also avoid unnecessarily blocking traffic. If safe and possible, the vehicle must be moved out of the roadway.
Penalties for Leaving the Scene of an Accident
Penalties depend heavily on whether the accident involved property damage, injury, or death.
Noncriminal Violation
- Leaving the scene when no damage or injury occurred
- Results in a civil traffic citation
Second-Degree Misdemeanor
- Leaving the scene where property damage occurred
- Up to 60 days in jail
- Fines and possible driver’s license penalties
Third-Degree Felony
- Leaving the scene of an accident involving personal injury
- Up to 5 years in prison
- Up to $5,000 in fines
- Mandatory driver’s license revocation
First-Degree Felony
Under § 316.027, leaving the scene of a crash involving death is a first-degree felony:
- Up to 30 years in Florida State Prison
- Mandatory minimum sentencing in some circumstances
- Restitution to the victim’s family
- Permanent felony record
Florida law imposes particularly harsh penalties in fatal hit-and-run cases because the state views the failure to render aid as an aggravating factor.
Defenses to Leaving the Scene of an Accident
Lack of Knowledge That a Crash Occurred: A driver may not realize that contact with another vehicle or object occurred, especially at low speeds or when very minor damage is involved. The state must prove you knew or should have known a crash took place. Without this knowledge, the required criminal intent is missing.
Lack of Knowledge of Injury: If another person was injured, the state must prove the driver knew, or reasonably should have known, of the injury. In busy traffic, dark conditions, or minor-impact accidents, a driver may have no awareness that someone was hurt. This can significantly weaken the prosecution’s case.
Moving the Vehicle for Safety: The law allows drivers to move their vehicle to avoid obstructing traffic. A driver may move their car to a safer nearby location and later be accused of “fleeing.” Demonstrating that the relocation was motivated by safety—not evasion—can lead to dismissal or reduction of charges.
Driver Left to Seek Emergency Assistance: Some drivers leave the immediate scene to find help, such as calling police or locating medical assistance. If the driver’s actions were directed toward fulfilling the statutory duty to render aid, this may be a complete defense.
Mistaken Identity: In some cases, police rely on partial license plates, witness error, or inaccurate descriptions. If the state cannot prove you were the driver at the time of the incident, the charges may be dismissed.
Medical Distress or Incapacitation: A driver experiencing a medical emergency, severe anxiety, or shock may accidentally drive away without understanding the circumstances. Medical conditions can negate the required intent for a conviction.
Role of a Melbourne Criminal Defense Attorney
A skilled defense attorney at Germain Legal will:
- Evaluate whether the prosecution can prove knowledge of the crash or injuries
- Analyze accident reports, photos, and witness statements for inconsistencies
- Determine whether the driver’s actions were legally justified
- Communicate with law enforcement to prevent additional charges
- Defend the client in court and negotiate for charge reductions where appropriate
- Protect the client from self-incrimination during ongoing investigations
Because hit-and-run investigations can escalate rapidly, early legal intervention often leads to significantly better outcomes.
Frequently Asked Questions
Will my license be suspended if I’m convicted of a hit and run?
Yes. Leaving the scene of an accident involving injury or death results in mandatory license revocation.
Can I be charged even if I tried to return to the scene later?
Possibly. Prosecutors evaluate your actions at the moment of the crash, but returning may support your defense.
Do I have to talk to police if they contact me?
No. You should speak with an attorney before making any statements.
What if I left the scene because I was scared?
Fear or panic does not automatically excuse leaving the scene, but it can support mitigation or certain defenses depending on the circumstances.
Defense Lawyer for Hit and Runs in Brevard County, FL
If you’re accused of leaving the scene of an accident in Melbourne or the surrounding regions of Central Florida, contact Germain Legal immediately. These cases range from civil infractions to serious felonies, and the consequences can be life-altering. Our attorneys will examine the evidence, challenge the state’s allegations, and work to protect your freedom, your license, and your future.
Call (321) 775-3559 or submit an online request to begin building your defense today. Germain Legal proudly serves clients across Melbourne, Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, Satellite Beach, and surrounding Florida communities.
