Hit-and-Run Tragedies in West Palm Beach: Legal Consequences and Victim Rights
Palm Beach County faces a growing traffic problem – where hit-and-run crashes have increased by 25%, according to former Palm Beach County State Attorney Dave Aronberg. As hit-and-run accidents become more frequent, understanding the legal consequences for drivers and the rights of victims and their families is more important than ever.
What Are the Legal Consequences for Hit-and-Run Drivers?
Under Florida law, leaving the scene of an accident—especially one involving serious injury or death—is a legal offense which can sometimes yield significant penalties. Drivers are legally required to:
- Stop immediately at the scene of the accident.
- Report the accident to law enforcement.
Hit-and-Run Penalties in Florida
The penalties for a hit-and-run depend on the severity of the crash:
- Property damage: Up to 60 days in jail and/or a $500 fine
- Injury: Up to 5 years in prison, probation, and/or a $5,000 fine
- Death: Up to 30 years in prison, probation, and/or a $10,000 fine, plus a mandatory minimum of four years in prison
Additionally, a conviction can lead to license revocation, increased insurance rates, and long-term legal consequences.
Why Do Drivers Flee the Scene of an Accident?
Hit-and-run crashes happen for many reasons, but fear of legal trouble is often a key factor. Some common reasons drivers flee include:
- Driving Under the Influence (DUI) – A driver who has been drinking or using drugs may flee to avoid a DUI charge.
- No Valid Driver’s License or Insurance – Drivers without a license or insurance may panic and leave to avoid penalties.
- Fear of Arrest – If a driver has outstanding warrants, they may run to avoid further legal issues.
- Unfamiliarity with Traffic Laws – Newcomers to the area may not understand local right-of-way laws or pedestrian rules, leading to confusion in high-traffic areas.
- Panic or Shock – Some drivers react impulsively and leave the scene out of fear, only to regret it later.
Regardless of the reason, leaving the scene of an accident only worsens the situation, turning a potential civil liability case into a criminal investigation.
Rights of Hit-and-Run Victims and Their Families
When a driver injures or kills another, then flees the scene of an accident, victims and their families are left to deal with the emotional, financial, and legal aftermath. However, Florida law provides legal options for victims to recover damages, even if the at-fault driver is never found.
1. Negligence Claims
If a hit-and-run accident results in injuries, the victim may file a negligence lawsuit against the responsible party once they are identified. Compensation may include:
- Medical expenses
- Lost wages
- Pain and suffering damages (pain and suffering, mental anguish, loss of enjoyment of life)
2. Wrongful Death Claims
If a hit-and-run accident results in fatalities, the victim’s family members may file a wrongful death lawsuit against the responsible party once they are identified. Compensation may include:
- Funeral and burial expenses
- Loss of financial support (if the deceased was a provider for their family)
- Pain and suffering for surviving family members
3. Uninsured Motorist (UM) Coverage
If the hit-and-run driver is not found, victims or their families may file a claim under their own uninsured motorist (UM) policy. This coverage helps compensate for medical bills, lost wages, and pain and suffering when an at-fault driver is uninsured or unknown.
4. Personal Injury Protection (PIP) Coverage
Under Florida’s no-fault insurance system, drivers must carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 in medical expenses and lost wages for accident-related injuries. PIP applies regardless of fault and is paid from your own policy, meaning victims can access these benefits even if the hit-and-run driver is never identified.
5. Criminal Restitution
If law enforcement locates the hit-and-run driver, the driver may be ordered to pay restitution to the victim or their family as part of their criminal sentence. Restitution can cover medical bills, lost wages, property damage, and funeral expenses.
What Should You Do If You Witness a Hit-and-Run?
If you witness a hit-and-run accident, taking immediate action can help police track down the driver and provide justice for the victim.
- Call 911 Immediately – Report the crash and provide details about the scene.
- Record Vehicle Information – If possible, note the make, model, color, and license plate number of the fleeing vehicle.
- Observe the Driver – Look for distinguishing features (e.g., clothing, hair color) that may help identify them later.
- Take Photos or Videos – If safe, photograph the scene, including debris, skid marks, and any damage.
- Speak to Law Enforcement – Provide any information you have to investigators. Even small details may help locate the driver.
Preventing Hit-and-Run Accidents in Palm Beach County
With a 25% increase in hit-and-run crashes, Palm Beach County needs stronger community awareness and safety measures. Officials should consider:
- Increased law enforcement presence at high-risk intersections.
- Public awareness campaigns to educate new drivers about traffic laws and pedestrian safety.
- Harsher penalties for repeat offenders who commit hit-and-runs.
- More surveillance cameras at intersections to capture license plate numbers.
Drivers can also reduce their risk by:
- Always yielding to pedestrians in crosswalks.
- Avoiding distractions such as texting while driving.
- Never driving under the influence.
Contact Smith, Ball, Báez & Prather
Articles about hit-and-run tragedies underscore the devastating consequences of reckless driving and fleeing the scene of an accident. Whether caused by negligence, intoxication, or fear, hit-and-run crashes are preventable—and those responsible must be held accountable.
For victims and their families, seeking justice and compensation can be challenging, but legal options exist. If you or a loved one has been injured or lost their life in a hit-and-run accident, consulting an experienced West Palm Beach hit-and-run attorney can help you understand your rights and pursue the compensation you deserve.
If you or someone you love has been affected by a hit-and-run accident, the legal team at Smith, Ball, Báez & Prather is here to help. Our attorneys have extensive experience handling wrongful death and personal injury claims and will fight to ensure you receive the justice and compensation you deserve.
Contact us today for a free consultation to discuss your case and learn more about your legal options.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.027.html
