By Ashley Dunbar Earlier this week there was a hit and run reported
in Brevard county that left one person dead and one injured. Leaving the scene of an accident, no matter how bad it is, can cause you far worse consequences than the actual accident. In this case, the driver was involved in a crash that left one dead and another with serious bodily injury and left. Because there are two victims, the driver can be charged with two counts of leaving the scene with different levels of severity.
Pursuant to Florida Statute 326.027, if a person is involved in an accident or crash that results in injury or death to any person, including a passenger, the person is required to:
- Stop Immediately;
- Provide their name, address, registration information, and driver’s license; and
- Render reasonable assistance to the injured or deceased person by transporting, or making arrangements for the transportation, of the person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.
If the injured or deceased person is not in a condition to receive your information or be transported, you are required to report the accident or crash to the nearest law enforcement agency as quickly as possible and provide your name, address, registration information, and driver’s license. The penalties are broken down like this:
- If the hit and run crash results in an injury other than serious bodily injury, the driver can be charged with a third degree felony punishable by up to 5 years.
- If the hit and run crash results in serious bodily injury, the driver can be charged with a second degree felony punishable by up to 15 years.
- If the hit and run crash results in death, the driver can be charged with a first degree felony, punishable by up to 30 years with a mandatory minimum term of imprisonment of 4 years.
Additionally, there are several statutory requirements:
- Restitution to the victim
- Driver’s license revocation for at least 3 years
- Driver improvement course or impact panel session
- Serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents
If I were defending this case, I would confirm that the driver was properly identified. Then I would look into whether the driver had the physical capacity to report the crash or render aid. Next, I would analyze whether the injury is actually a serious bodily injury. “Serious bodily injury” consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ. This distinction alone means the difference of up to 10 years. Finally, I would investigate whether the injury or death was actually caused by the accident or if there was an independent factor. If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don't hesitate to call us at
352-WIN-4YOU We are available 24/7 and we offer payment plans.
