Florida Hit and Run Accident Lawyer

A hit-and-run crash can turn a normal day into a mess of pain, confusion, and unanswered questions. You may be dealing with injuries, a totaled car, and the frustration of knowing the other driver chose to disappear instead of doing the right thing. If you were involved in a Florida hit and run, you are not alone.

Hit-and-run crashes are also common in Florida. The Florida Department of Highway Safety and Motor Vehicles reported 104,273 hit-and-run crashes in 2023, including 271 fatalities and 876 serious bodily injuries. (Florida Highway Safety)

At Dennis Hernandez Injury Attorneys, we help hit-and-run victims across Florida pursue compensation, even when the at-fault driver cannot be identified right away. If you need a florida hit and run accident lawyer to guide you, our team is ready. We fight to get you paid!

What counts as a hit-and-run in Florida?

In simple terms, a hit-and-run incident occurs when a driver is involved in a collision and then leaves the scene without fulfilling the legal obligations that are required by law. In the state of Florida, this type of incident is often referred to colloquially as a “Florida hit and run” when it takes place within the state’s borders. Understanding the legal implications of such actions is crucial for both drivers and victims alike.

The specific legal responsibilities that a driver must adhere to can vary depending on the nature and consequences of the crash. For instances where only property damage has occurred, Florida law generally mandates that the driver must stop and remain at the scene for a sufficient amount of time to provide the necessary information to the other party involved. This information typically includes the driver’s name, contact details, and insurance information, as outlined in the Florida Legislature.

In more serious situations where the crash results in injury or even death, Florida law imposes stricter requirements. In these cases, the driver is legally obligated to immediately stop and remain at the scene of the accident. Furthermore, this duty is closely linked to the stipulations found in Florida’s “give information and render aid” statute, which requires the driver to not only provide information but also to assist anyone who may be injured as a result of the accident. This legal framework is designed to ensure accountability and support for those affected by such unfortunate events, as detailed in the Florida Legislature

What does Florida law require a driver to do after a crash?

Florida’s “duty to give information and render aid” statute describes the basic responsibilities after a crash, including providing identifying information and giving reasonable assistance to injured people, including arranging transportation for medical treatment when needed. (Florida Legislature)

For crashes involving only property damage, Florida law also requires drivers to stop and remain at the scene until those information duties are fulfilled. (Florida Legislature)

For crashes involving injury, serious bodily injury, or death, Florida’s “stop and remain at the scene” statute outlines the requirement to stop, remain, and fulfill the same information and aid duties, and it also describes serious criminal penalties for willful violations. (Florida Legislature)

What should you do right after a hit-and-run crash?

Your health and safety come first. After that, your next steps can make a real difference for both the police investigation and your injury claim in a hit and run.

Here is what we typically recommend:

• Call 911 and report the crash right away.
• Get medical care, even if you feel “mostly okay.” Some injuries show up later.
• If you can do so safely, write down details like the vehicle’s color, make, model, direction of travel, and any partial plate numbers.
• Ask witnesses for names and contact information.
• Look around for cameras, including nearby businesses, homes, and intersections.
• Take photos or video of the scene, damage, debris, skid marks, and visible injuries.
• Notify your insurance company promptly (but be careful about recorded statements).

If you are not sure what to say to an insurer, our team can guide you through it so you do not accidentally undercut your claim.

Why do drivers flee after causing a crash?

There are various reasons why some drivers choose to flee the scene of an accident. They may be uninsured, under the influence of alcohol or drugs, operating a vehicle with a suspended license, or simply terrified of facing arrest. Regardless of the motivation behind their actions, the immediate concern shifts to gathering evidence to establish what transpired during the incident. Additionally, it becomes crucial to identify the most effective route to secure compensation following a hit-and-run accident, ensuring that victims receive the support they need.

How do you prove a hit-and-run case if the driver is unknown?

A strong hit-and-run case is built like an investigation. We work to create a clear, evidence-backed story of what happened, why the other driver caused the crash, and how the injuries changed your life.

Depending on the facts, we may pursue:

• Surveillance video and doorbell footage
• Witness statements and 911 calls
• Crash reports and follow-up investigations
• Vehicle damage analysis (paint transfer, impact patterns, debris)
• Phone records available through lawful channels
• Medical documentation and expert input, when needed

Even when the driver is not immediately found, a careful investigation often reveals leads that can move the case forward.

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

This is one of the most important questions, and the answer is often, you may still have options.

If the driver cannot be located, is uninsured, or does not have enough insurance, you may be able to pursue a claim through your own uninsured/underinsured motorist coverage (UM/UIM), if you carry it. In many situations, you must also timely report the hit-and-run to law enforcement and notify your insurer.

We can review your policy, explain what coverage is available, and handle communications with the insurer so the claim is supported with the right evidence from day one.

Can passengers, pedestrians, or bicyclists use UM coverage too?

Sometimes, yes.

Depending on the circumstances and the available insurance, passengers who do not own a car, pedestrians, and bicyclists may be able to access UM/UIM coverage through a household policy. These cases vary, but that is exactly why a careful policy review matters.

How does PIP work in a hit-and-run accident?

Florida is a no-fault state, which means many people start with Personal Injury Protection (PIP) benefits.

Florida’s PIP statute generally provides that medical benefits are payable up to $10,000, and it describes PIP medical benefits at 80 percent of reasonable medical expenses, plus disability benefits at 60 percent of lost income from inability to work, subject to conditions and limits. (Florida Legislature) The statute also includes a rule that initial services must be rendered within 14 days after the crash to access benefits. (Florida Legislature)

PIP can be helpful, but it is often not enough for serious injuries. When damages exceed PIP, the next question becomes how to pursue the rest, whether through the at-fault driver’s coverage (if identified), UM/UIM coverage (if available), or other responsible parties when the facts support it.

When can you seek pain and suffering damages in Florida?

Florida’s no-fault law limits lawsuits for pain and suffering unless the injury meets the “serious injury” threshold.

Under Florida Statutes section 627.737, a plaintiff may recover pain and suffering damages only if the injury involves one of the listed categories, such as a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death. (Florida Legislature)

We work with your medical providers and, when appropriate, experts, to document your injuries clearly and connect them to the crash in a way insurers and juries understand.

What compensation can a Florida hit-and-run accident lawyer pursue?

Every case is unique and presents its own set of circumstances, but when it comes to hit-and-run claims, there are several common types of damages that are often considered. These damages typically include:

• Past and future medical expenses, which encompass not only the immediate costs associated with emergency room visits but also ongoing treatment, rehabilitation, and any necessary medical procedures that may arise as a result of the accident.
• Lost wages and reduced earning capacity, which account for the income you may have lost due to your inability to work following the incident, as well as any long-term effects on your ability to earn a living in the future.
• Pain, suffering, mental anguish, and loss of enjoyment of life, which can be claimed when the legal threshold is met, reflecting the emotional and psychological toll the accident has taken on your life.
• Property damage and related out-of-pocket losses, which cover the costs of repairing or replacing your vehicle and any personal belongings that were damaged in the accident.
• Future care needs and life-impact costs for serious injuries, which consider the long-term implications of your injuries on your quality of life and the potential need for ongoing care.

It is crucial that your claim value accurately reflects the true impact of the crash, extending beyond just the initial emergency room visit. Consulting with a Florida hit-and-run accident lawyer can provide you with valuable insights and guidance on how these various categories of damages apply specifically to your case, ensuring that you receive the compensation you deserve.

FAQs

What if the hit-and-run crash caused a death?

When a hit-and-run crash is fatal, the focus shifts to protecting the family and pursuing accountability through a wrongful death claim. Florida’s limitations statute lists “an action for wrongful death” under a two-year limitations period, with important details and exceptions that can apply. (Florida Legislature)

We handle these cases with care and urgency, because families deserve answers, and evidence does not wait.

How long do you have to file a lawsuit after a hit-and-run crash in Florida?

Deadlines matter, and waiting can seriously hurt a case.

Florida’s limitations statute lists “an action founded on negligence” under a two-year limitations period. (Florida Legislature) The exact deadline can depend on the date of loss, the legal theory, and whether special rules or exceptions apply, so it is smart to get a case review quickly after a Florida hit and run.

What if this was a violent hit-and-run and you are facing overwhelming bills?

In some instances, hit-and-run cases can indeed be classified as criminal offenses, which can have significant legal implications. Additionally, certain victims of these incidents may be eligible for assistance through the Florida Bureau of Victim Compensation, but this eligibility is contingent upon specific criteria and the rules governing the program. For those affected, it’s essential to understand these options thoroughly. We can discuss whether pursuing this avenue for compensation is worthwhile while we simultaneously work on your injury claim, ensuring that you explore all possible resources available to you during this challenging time.

Why choose Dennis Hernandez Injury Attorneys for a hit-and-run case?

Hit-and-run claims are not your typical car accident cases; they present unique challenges that require a swift and thorough investigation, a strategic approach to insurance matters, and a determined attitude to advocate for your rights when an insurance company attempts to downplay the severity of the incident.

When you choose to hire Dennis Hernandez Injury Attorneys, you are enlisting a dedicated team that is committed to your case and your well-being. Our team acts quickly to preserve crucial evidence and locate any available video footage that may be vital to your claim. We take on the responsibility of managing all communications with the insurance company and handling the necessary claim paperwork, allowing you to focus on your recovery.

Moreover, we meticulously build your case by gathering strong medical documentation and evidence of the impact the accident has had on your life. We understand that your case is not just another file; it is a significant matter that deserves our full attention and effort.

Our track record speaks for itself, as we have successfully recovered millions of dollars for our injured clients. If you have been hurt by a hit-and-run driver, do not hesitate to reach out to us at 855-529-3366 for a free consultation. Speak with a Florida hit-and-run accident lawyer today, and let us fight tirelessly to ensure you receive the compensation you deserve for your injuries and suffering. Your case matters to us!

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