Pedestrian accidents are unfortunately common occurrences in Florida, and when a driver flees the scene after hitting a pedestrian, it becomes a serious criminal offense. In this article, we will explore the relevant Florida statutes, definitions, criminal case process, penalties, elements the prosecution needs to prove beyond a reasonable doubt to secure a conviction, negative consequences of a conviction, and top 10 potential defenses.

Florida Statutes and Definitions for Hit-and-Run Offenses

In Florida, the legal framework for hit-and-run offenses involving pedestrians is primarily governed by Florida Statutes Section 316.027. According to this statute, a hit-and-run is defined as the failure of a driver involved in an accident to remain at the scene and fulfill their legal obligations, including providing identification, rendering reasonable assistance to injured parties, and reporting the accident to the appropriate authorities.

Criminal Case Process

When a hit-and-run incident involving a pedestrian occurs in Florida, the following general criminal case process may unfold:

  1. Accident Report and Investigation: After the incident, the involved parties or witnesses should report the accident to the police. Law enforcement officers will investigate the scene, gather evidence, interview witnesses, and attempt to identify the fleeing driver.
  2. Charges and Arrest: If the investigation uncovers sufficient evidence linking a specific individual to the hit-and-run, law enforcement may make an arrest. The charges typically depend on the severity of the injuries and the driver's prior record, if any.
  3. Prosecution: The State Attorney's Office takes over the case and proceeds with the prosecution. The prosecution's objective is to prove the defendant's guilt beyond a reasonable doubt.

Elements of the Offense the Prosecution Must Prove 

To secure a conviction for a hit-and-run involving a pedestrian in Florida, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant was involved in an accident that resulted in injury or death to another person.
  2. The defendant knew or should have known that they were involved in an accident.
  3. The defendant willfully failed to remain at the scene, fulfill their legal obligations, and report the accident.

The Penalties for Hit-and-Run Criminal Charges in Florida 

The penalties for a hit-and-run conviction can be severe. If the accident resulted in injury, the offense is classified as a third-degree felony, punishable by up to five years in prison, fines up to $5,000, and a mandatory driver's license revocation of at least three years. In cases where the hit-and-run causes the death of a pedestrian, the offense is a first-degree felony, carrying penalties of up to 30 years in prison, fines up to $10,000, and a mandatory driver's license revocation of at least three years.

Negative Consequences of a Pedestrian Hit-and-Run Conviction

Being convicted of a hit-and-run offense involving a pedestrian can have significant long-term consequences. Apart from the potential prison time, hefty fines, and license revocation, the negative impact on one's personal and professional life can be substantial. A conviction may result in a permanent criminal record, making it challenging to secure employment, housing, or even obtain certain professional licenses. Additionally, insurance premiums are likely to increase, and there may be a loss of trust and reputation within the community.

Top 10 Potential Pedestrian Hit-and-Run Defenses in Florida

When facing hit-and-run charges involving a pedestrian in Florida, it is crucial to explore all available defenses. While each case is unique, the following are ten potential defenses that a skilled defense attorney may utilize:

  1. Lack of knowledge: The defendant may argue that they were unaware that they were involved in an accident and therefore cannot be held responsible for failing to remain at the scene.
  2. Lack of willfulness: The defendant may argue that their failure to remain at the scene was not intentional but rather a result of confusion, panic, or fear.
  3. Lack of identification: If the prosecution fails to establish the defendant's identity as the driver involved in the hit-and-run, it can be a valid defense.
  4. Lack of evidence: Challenging the evidence presented by the prosecution, such as witness testimonies or forensic evidence, can create doubt about the defendant's involvement in the incident.
  5. Mistaken identity: The defense may argue that the defendant has been mistakenly identified as the driver involved in the hit-and-run.
  6. Alibi: If the defendant can provide evidence or witnesses to establish an alibi, proving that they were not present at the scene of the accident, it can undermine the prosecution's case.
  7. Necessity: In certain circumstances, the defense may argue that the defendant left the scene of the accident due to a legitimate and immediate threat to their safety, justifying their actions.
  8. Involuntary intoxication: If the defendant was involuntarily intoxicated, such as being drugged without their knowledge, it can be used to challenge their intent and culpability.
  9. Duress: If the defendant can demonstrate that they left the scene under duress or coercion, it may serve as a defense against the charges.
  10. Constitutional violations: Any violations of the defendant's constitutional rights during the arrest, investigation, or prosecution can be raised as a defense to suppress evidence or dismiss the case.

Types of Hit-and-Run Pedestrian Collisions in Florida

When it comes to hit-and-run pedestrian collisions, several types of incidents can occur. Understanding these types can help shed light on the various circumstances and factors involved. Here are four common types of hit-and-run pedestrian collisions:

  1. Intersection Collisions: Intersections are common locations for pedestrian accidents. A hit-and-run can occur when a driver fails to yield to a pedestrian who has the right of way at a crosswalk or intersection. The driver may strike the pedestrian and flee the scene without stopping to offer assistance or exchange information.
  2. Sidewalk Collisions: Pedestrians walking on sidewalks are also at risk of being involved in hit-and-run accidents. A driver may veer off the road, onto the sidewalk, and strike a pedestrian. Instead of staying at the scene, the driver may drive away, leaving the injured pedestrian without immediate help.
  3. Parking Lot Collisions: Hit-and-run incidents involving pedestrians can also occur in parking lots. Drivers may hit a pedestrian while entering or exiting a parking space, and rather than stopping to address the situation, they may leave the scene hastily.
  4. Late-Night Collisions: Pedestrian accidents are more likely to happen during the night, particularly in poorly lit areas. In hit-and-run cases, drivers may fail to see pedestrians crossing the road or walking along the shoulder. When an accident occurs, they may flee the scene, leaving the injured pedestrian behind.

Understanding the different types of hit-and-run pedestrian collisions helps highlight the range of situations in which these incidents can occur. Regardless of the circumstances, it is crucial for drivers to fulfill their legal obligations by remaining at the scene, providing assistance to injured parties, and reporting the accident to the appropriate authorities. Failure to do so can result in serious criminal charges and severe consequences.

Florida's pedestrian hit-and-run criminal charges carry severe consequences, including potential imprisonment, significant fines, and long-term repercussions on personal and professional life. Understanding the relevant statutes, the criminal case process, elements of the offense, potential defenses, and negative consequences is vital for anyone facing such charges.

Musca Law, P.A. is available 24/7 at 1-888-484-5057

If you find yourself facing hit-and-run charges involving a pedestrian in Florida, it is crucial to seek immediate legal representation. Musca Law, P.A. is a renowned law firm dedicated to providing comprehensive criminal defense services. They understand the complexities of hit-and-run cases and can help navigate the legal process effectively.

Musca Law, P.A. is available 24/7, ready to provide the assistance and support you need during this challenging time. With their experienced attorneys and their commitment to protecting your rights, they will work tirelessly to build a strong defense strategy tailored to your case.

To reach Musca Law, P.A., call their toll-free telephone number 1-888-484-5057. Their team is ready to listen to your concerns, offer guidance, and start building your defense immediately.