If you’re injured by another driver who flees the scene, you are left alone to pick up the pieces and figure out what comes next. Hit and run accidents can leave injured victims with additional complications to handle after an already stressful car crash. The Miami hit and run accident lawyers at The Law Offices of Robert Dixon have the experience to help victims sort through those issues and hold fleeing drivers responsible for their actions. Our attorneys, serving clients in Miami-Dade, Broward, and Palm Beach Counties, as well as throughout Florida, can assist you in investigating and filing a claim to pursue the compensation you deserve for your injuries.
Negligent Drivers Cause Crashes in South Florida
All drivers have a duty of care to others on the road to drive as an ordinary and prudent driver would in similar circumstances. A “hit and run” accident occurs when a driver hits another vehicle, pedestrian, or bicyclist and does not stop to exchange information or otherwise help the other individuals involved. A driver may flee for a number of reasons, including if they were under the influence of alcohol, did not know they hit something, or fear legal consequences if they are driving without a license or are in trouble with the law.
If a Florida driver is involved in a car accident that has injured another person, the driver must stop immediately as close to the accident as possible. The driver then must provide the injured parties with his or her name, address, registration, and driver’s license information. Moreover, the driver must give reasonable assistance to the injured person by transporting or making transportation arrangements for them to receive medical treatment if necessary or requested.
In the event that the person is not in a stable condition or is dead, the uninjured driver must report the accident to law enforcement immediately. Drivers who fail to stop following an accident are subject to criminal as well as civil liabilities. A victim of a hit and run car cash can file a negligence lawsuit against the driver responsible for harming them.
A negligence claim requires an injured person to show that the defendant owed the victim a duty of care, that the defendant violated the duty of care, and that the victim was hurt because of the defendant’s careless actions. The first two steps are usually straightforward to prove in hit and run accident cases. Under the theory of negligence per se, a person who breaks a law designed to protect a certain group of people is automatically considered to have breached a duty of care when someone from that group sues them. Florida laws on hit and run accidents are designed to help people injured by the careless actions of other drivers. This means that someone who is hurt by a driver who flees the scene can show duty and breach of duty simply by proving that the defendant broke the law. The victim then can focus on proving that the defendant’s illegal actions caused the victim’s injuries.
If they are successful in negligence claims, victims of hit and run accidents may seek compensation for medical expenses, lost wages, property damages, and any other costs caused by the crash. Punitive damages also may be awarded when a defendant’s conduct was intentional or extremely reckless, which sometimes might be the case when a driver flees the scene without helping a seriously injured person. To pursue the full range of damages available to you, it is essential to file your negligence claim within four years of the accident.
