Hit-and-run cases are harrowing and infuriating incidents, and you end up being on your own after the crash. These accidents happen far too often in Florida, yet numerous survivors ask a completely reasonable question: “Can you sue someone for hit and run in Florida?”
This article explains the possible legal recourses open to victims, the ways of establishing a hit-and-run accident case, and the amount of compensation one can claim.
How Common Are Hit-and-Run Accidents in Florida?
Florida is among the states that have shockingly high rates of hit-and-run car crashes. There were 104,273 hit-and-run crashes only in the year 2023, with 271 fatalities and 871 serious injuries. The most vulnerable users are pedestrians and bicyclists: 159 pedestrians and 47 bicyclists died in such cases.
The majority of hit-and-run incidents happened at dawn, during dusk, or at night constituting more than 81% of the deaths. The Tampa area is, however, the most volatile one, with as many as 30% of all accidents featuring hit-and-run vehemence. This is because of things like acceleration over the speed limit, aggressive driving, and distracted driving.
Can You Sue Someone for Hit and Run in Florida?
Yes, you can sue someone for a hit-and-run accident in Florida, but the process can be complicated. Here are some key points to consider:
You Must Know the Identity of the Driver
All hit-and-run cases’ preliminary processes begin with establishing the driver who caused the accident. Florida personal injury law mandates that you sue the negligent motorist, and that means that you need their identity. When the driver abandons the scene of the crime, then the involvement of the police is paramount in identifying the specific cars by their license plate numbers, descriptions of the car and its occupation, and witness statements to arrest the driver.
Also, other security cameras, dash cams, or traffic cameras can provide necessary footage that assists in identifying the fleeing driver. If you cannot say who the driver is responsible for the accident at the moment, there are still chances that you will be able to recover the damages through the uninsured motorist coverage insurance and some other insurance while the search for the driver continues.
Your Injuries Must Be Significant
If your injuries are minor and you are a resident of Florida, you will be entitled to fairly limited compensation with your Personal Injury Protection (PIP), which entitles you to $10,000 of the medical expenses and lost wages, no matter who is to blame for your accident. However, to sue the hit-and-run driver, then the following must be shown one’s injuries are serious as per Florida’s threshold law.
Significant injuries include:
- Permanent injury or disfigurement
- Loss of bodily function
- Significant and ongoing medical treatment needs
- Extensive rehabilitation and recovery costs
So if your injuries qualify for any of the above, you have the legal right to claim for other expenses not covered by the PIP, which include pain, suffering, emotional trauma, and probably future medical bills, among others.
Statute of Limitations
Florida has a specific time for filing a personal injury case, including hit-and-run cases. You usually get four years from the date of the accident to take legal action. For a wrongful death claim, those are allowed for two years from the time of death of the person.
The worst thing that can happen is that if you don’t file within this timeline, then you lose your case on default, no matter how right you may feel that you are. You should begin the process immediately and employ a lawyer because it is best to file the case within the right timelines.
You Need to Prove Liability
For one to file a lawsuit for hit and run in Florida, one must ensure that the driver who fled the scene caused the accident. This involves:
- Evidence of Fault: A police report, testimony from eyewitnesses, at-the-scene scrapes and skids, broken car parts, and camera records of the running driver would be vital in proving that the fleeing driver was to be blamed for loss of control.
- Medical Records: Medical documentation is required to lay down the degree of harm suffered by the injured person. These comprise doctor’s reports, treatment plans, and future need for treatment.
- Witness Statements: For that reason, the eyewitnesses could assist in defining the driver and providing the context of the accident.
Should I know what recoverable damages are available to me after a hit-and-run crash?
Knowing exactly what types of damages you are able to recover after a hit-and-run automobile accident is extremely important and will help you get the compensation you need for your damages.
- Medical Expenses: Not only the costs associated with the treatment, such as surgery, physiotherapy, and in the future, and other medical.
- Lost Wages: Money in case you are unable to work for some time because of your injuries.
- Pain and Suffering: Noneconomic compensatory damages for past and future physical suffering and/ or humiliation.
- Property Damage: Expenses relating to repairing or replacing your vehicle.
Working with a Fort Walton Beach personal injury lawyer increases your chances of obtaining full compensation for these damages.
Contact a Florida Hit and Run Accident Attorney
If you or anyone else would like to know more about “Can you sue someone for hit and run in Florida?”, you can call the Browning Law Firm for a free consultation. The team is dedicated to assisting individuals with hit and run Florida cases. They focus on helping clients file their claims and ensuring they receive the appropriate compensation.
FAQs
Can I sue someone for a hit-and-run accident if they are not caught?
You cannot directly sue an unknown driver. However, your uninsured motorist coverage may provide compensation.
How much time do I have to file a hit-and-run lawsuit in Florida?
Unfortunately, you generally have four years starting from the time sort of incident from which you have been injured. However, such a period is only two years for filing claims for wrongful death.
Do I need a lawyer to fill a hit-and-run lawsuit?
You aren’t required to hire an attorney, but if you want to be compensated, you need the services of a Fort Walton Beach personal injury lawyer.
