Hit and Run Category Archives — South Florida Injury Attorneys Blog Published by South Florida Injury Lawyers

July 7, 2021

Is There a Difference Between a Hit and Run and Leaving the Scene of an Accident?

Serious hit and run accidents continue to occur in Florida and throughout the United States. Accident victims and their families are often left with devastating injuries and accumulating medical expenses for years to come. Drivers who leave the scene of an accident could face hefty fines and possible imprisonment.

While leaving the scene of a serious car crash is illegal in Florida, there are many other reasons why this violation has severe consequences. In the event of an accident, all able drivers are required to help any individual involved in a crash, even if the crash was caused by the other driver. Ignoring an injured individual could cause them to suffer more debilitating injuries that may have been prevented, had they received immediate help.

While the term “hit and run” may be considered more severe compared to “leaving the scene of an accident,” both terms are often used interchangeably. Read on to learn more about the similarities and differences between the two and how Florida law interprets this type of violation.

July 18, 2018

Florida Court Dismisses Claim Due to Plaintiff’s Concealment of Previous Injury

by Frankl Kominsky Injury Lawyers

Some parties try to get away with lying or concealing information relevant to a legal claim. However, the consequences of failing to provide honest and complete testimony can be dire. In a recent case before a Florida appeals court, the court dismissed a personal injury claim after the plaintiff concealed a history of low back injury.

In that case, the plaintiff was riding in a car owned by his girlfriend when they were hit by a truck that fled the scene. The plaintiff alleged that the girlfriend was negligent and that he suffered permanent injuries to his neck and lower back as a result.

The parties engaged in discovery and the plaintiff admitted that he injured his lower back about 30 years prior, but testified that it had healed and he had not had any problems since that time. However, a review of the plaintiff’s medical records later showed that he hurt his lower back several months before the incident when he slipped on a stepladder. His records also revealed that he reported having a “chronic” history of similar episodes as well as a herniated disc. Additionally, when he went to the emergency room after the most recent accident, he reported that his back pain started “a long time ago.”

May 14, 2014

Florida Senate and House of Representatives Pass the Aaron Cohen Life Protection Act

by Frankl Kominsky Injury Lawyers

On Tuesday, April 22, the Florida House of Representatives unanimously voted in favor of enacting the Aaron Cohen Life Protection Act, legislation that stiffens penalties for hit-and-run drivers. This follows the March 26 unanimous vote of the Florida Senate in favor of the Act, which will now go to the Governor’s desk for approval and signature. The Aaron Cohen Life Protection Act is the product of an unfortunate death of a cyclist who was hit while riding on the Rickenbacker Causeway in February 2012.

The hit-and-run driver, who was on probation for cocaine charges and was driving with a suspended license, had been carousing at a bar in Coconut Grove shortly before the 6 AM accident. After he hit the deceased person and another cyclist, the driver did not stop to offer assistance or wait for the authorities. Instead, he continued his journey home, where he concealed the damaged vehicle under a tarp. By the time he eventually surrendered to authorities, 18 hours after the accident, the police were unable to take a timely blood alcohol test. Inability to ascertain the driver’s blood alcohol level helped him avoid manslaughter charges. The driver eventually pled guilty to charges of driving with a suspended license, leaving the scene of an accident involving death, and leaving the scene of an accident involving great bodily harm. The driver was sentenced to only one year in prison and only served 264 days of the sentence.

The Aaron Cohen Life Protection Act seeks to eliminate the incentive hit-and-run drivers have in leaving the scene of an accident. The new law amends Florida’s Leaving the Scene of an Accident Law, which was enacted in 1971. The law creates a mandatory minimum sentence of three, seven, or 10 years for leaving the scene of an accident, depending on whether a person was injured, seriously injured, or fatally injured. The legislation also increases the mandatory minimum sentence for leaving the scene of an accident while under the influence of alcohol from two years to 10 years and provides for a three-year revocation of the offender’s license. By imposing these mandatory minimums, lawmakers hope that hit-and-run drivers, especially those under the influence of alcohol or drugs, will no longer see any incentive in fleeing.
Continue reading