Getting into a hit-and-run accident is more stressful and overwhelming than other incidents. Knowing what steps to take next will be more difficult since the one that hit you already left the scene. This is why it’s important to know the legal process of filing hit-and-run accident claims in Gainesville, Florida.
In this blog, we will help make those responsible accountable for their actions. We will discuss what’s considered a hit-and-run accident, what you should do after the incident, the evidence you need, and other important details.
What is a Hit-and-Run Accident?
Just like in other states, Florida laws require drivers involved in an accident to stop immediately. They must provide their name, address, and insurance information to victims or authorities. If their actions hurt other people, they are responsible for assisting. They should call emergency services or help in arranging transport for medical care.
If the driver didn’t stop and decided to flee the accident scene, it would be considered as “leaving the scene” or hit-and-run. This is explained in Florida Statutes section 316.027. The accident would also be considered a hit-and-run if the driver failed to share their contact and insurance information or didn’t help the injured. Knowing when an accident is considered as leaving the scene can help you file hit-and-run accident claims in Gainesville.
What Hit-and-Run Drivers Could Face
Before filing hit-and-run accident claims in Gainesville, you should know what consequences drivers at fault face. Leaving the scene of an accident in Florida can lead to serious legal problems, such as the following.
Penalties for Hit-and-Run
Among the penalties hit-and-run drivers could face are fines, imprisonment, and license revocation.
- Property Damage: If the accident is limited only to property damage, it would be a second-degree misdemeanor. But, the driver could still face a $500 fine and 60 days in jail.
- Injuries: If the driver’s action caused injuries, it would be a third-degree felony punishable by a $5,000 fine and up to 5 years in prison.
- Fatality: If the hit-and-run accident killed another person, it would be a first-degree felony punishable by a minimum of 4 years in prison, license revocation, and significant fines.
Aside from these consequences, hit-and-run drivers could also face civil lawsuits. Victims who file hit-and-run accident claims in Gainesville can seek compensation for medical expenses, income losses, and emotional distress. In serious cases, Florida allows punitive damages.
What You Should Do After a Hit-and-Run Accident
The shock and stress after a hit-and-run accident will make it difficult for you to take the needed steps. But, you should be composed and follow the right process to protect your rights.
1. Stay at the Accident Scene
Don’t leave the scene. Stay there and document important details so authorities can assist you.
2. Call the Police Right Away
Call the police and file a police report. Share as much information as possible about the accident and the hit-and-run driver.
3. Gather as Much Evidence as You Can
Write down as many details as possible, such as the car’s color and model. Try remembering the plate number or check your dash cam if you have one. Take photos of the damage, road conditions, and your injuries.
4. Get Medical Care Immediately
Even if your injuries are not visible, it would be best to seek medical care immediately.
5. Report to Your Insurer
Inform your insurance company about what happened. Send them the police report, photos, and other evidence.
6. File a Lawsuit
You can file a lawsuit. This will ensure that the hit-and-run driver is held accountable for his actions.
Understanding Hit-and-Run Claims and Lawsuit Legal Process
Before filing hit-and-run accident claims in Gainesville, you should understand the legal process and deadlines.
Filing a Claim and Lawsuit
Generally, Florida’s statute of limitations allows victims to file hit-and-run claims and lawsuits two years from the accident date. If you miss this deadline, you might have a hard time getting the compensation you deserve.
Hit-and-Run Legal Process
In the legal process of hit-and-run claims, you must have a police report. This is very important if you want to prove your claim. Then, you must contact a lawyer who can guide you through the legal process. If authorities can’t find the hit-and-run driver, your best choice would be to file through UM coverage (uninsured motorist coverage) or explore civil lawsuits.
What Evidence Do You Need?
As we’ve said earlier, you should gather as much evidence as possible. Having enough proof can help in making hit-and-run accident claims in Gainesville successful.
Witness Statements
Ask the people near the accident scene since they could be your witnesses. Get their contact information and ask them if they can provide information about the hit-and-run.
Photos and Videos
Aside from the photos and videos you took, you can ask the local authorities about traffic CCTVs near the area.
Police Report
Get your police report. This document is important as it serves as official proof of the hit-and-run incident.
Medical Records
Keep all your medical records from doctors and hospitals. These will prove that your injuries were caused by the accident.
Damage Estimates
Be sure to keep records and receipts of all your repairs. You should also compile all your repair estimates for your damaged property, such as your car.
What Damages Can You Recover?
Hit-and-run accident claims in Gainesville can help victims get compensation for the damages they incur. But, what can you recover?
Economic Damages
Economic damages are the most common recoverable damages in hit-and-run accidents. These include medical bills, therapy, and ongoing care. You can also recover your lost wages, property repairs or replacements, and other expenses you settled out of your pocket.
Non-Economic Damages
Hit-and-run accidents can take a toll on your physical and mental health. Although compensations can’t ease your pain, you can recover your losses, such as suffering, mental distress, and the impact on your ability to enjoy life.
Punitive Damages
If the hit-and-run accident is serious, you can recover punitive damages. This means you may receive fair compensation from the hit-and-run driver for their recklessness or intentional actions.
Why Hit-and-Run Cases are Challenging
Experiencing a hit-and-run accident is very difficult. When filing hit-and-run accident claims in Gainesville, you may face various obstacles.
Finding the Hit-and-Run Driver
If a driver decides to leave the scene, it’s most likely intentional. This means that the driver will do anything to avoid getting caught, making it harder for you to seek compensation.
Proving Liability
It will be difficult to prove liability if you can’t find the hit-and-run driver. Even if you have all the needed evidence, you still need to find that person.
Insurance Problems
If you can’t find the driver responsible for the incident, you should rely on your own UM coverage. Without legal support, this insurance process can overwhelm you.
Got Into a Hit-and-Run Accident? ASK GARY!
Working with a hit-and-run accident lawyer or attorney can make your case easier and less stressful. Assisting with filing insurance claims, gathering evidence, and finding the best legal options are just some of the things they can do.
But, finding the right attorney or lawyer can be difficult sometimes. This is why we’re here. At ASK GARY, we offer free legal and medical referrals to help you connect with the right professionals.
Our team is available 24/7 to make sure you get the assistance you need any time of the day. As a trusted helpline, our main goal is to give you compassionate support and make the accident process easier. To contact us, just dial 1-866-939-4794. Feel free to visit our website as well to learn more about us.
