Hialeah Hit-and-Run Attorney

If you find yourself in a crash in Hialeah, Florida, state law mandates that you stay at the scene, irrespective of whether anyone sustains injuries. Despite this legal requirement, hit-and-run incidents continue to plague Hialeah’s roads. Most individuals flee the scene after crashes involving only property damage, but the consequences escalate dramatically when personal injury or worse occurs.

An experienced Hialeah hit-and-run lawyer who understands Florida laws can guide you through the legal process, handle insurance companies, help you locate the driver who illegally fled the scene of the accident, and ensure you are compensated for your injuries. 

What Exactly is Considered a “Hit-and-Run” in Hialeah, Florida?

Understanding what constitutes a hit-and-run in Florida is essential for drivers to navigate the legal landscape effectively. Simply put, if you’re involved in an accident, whether it involves another vehicle, cyclist, motorcyclist, pedestrian, or even property like parked cars or pets, certain actions are mandated by law. Failure to adhere to these obligations can result in serious consequences. Here’s a breakdown of what’s considered a hit-and-run in Florida:

If you’re in an accident and you:

  • Don’t pull over: It’s crucial to stop immediately at the scene of the accident, regardless of the severity of the collision.
  • Leave the scene: Fleeing the scene without providing necessary information or aid to the other parties involved constitutes a hit-and-run offense.
  • Fail to share insurance information: Part of your legal obligation is to exchange insurance details with the other party to facilitate the claims process.

In cases where the accident results in property damage only and the other party agrees, you might not need to involve law enforcement officials from the Hialeah police department immediately. However, if there are injuries or uncertainty about the situation, contacting the authorities is a prudent course of action. They can document the scene effectively and ensure that all necessary procedures are followed.

Because these types of claims are complicated it is important to contact a skilled hit-and-run attorney in Hialeah, Florida, immediately after the accident. The legal team at Schilling & Silvers Property and Accident Attorneys offers free consultations and can help guide you.

Hit-and-run incidents aren’t limited to collisions to accidents on the road; they extend to property as well. If you strike a parked car, fence, mailbox, or even a pet, the same legal obligations apply. Leaving the scene without attempting to locate the owner or leaving pertinent information constitutes a hit-and-run offense.

Pets are regarded as property under Florida law. If you hit a dog, cat, or any other domestic animal and fail to take appropriate action, it’s considered a hit-and-run. Even encounters with wild animals like deer, alligators, or possums require notification to authorities if the damage exceeds $500 or poses a potential hazard to other drivers.

How Frequently Do Hit-and-Run Accidents Occur in Hialeah, Florida?

According to data from the Florida Highway Safety and Motor Vehicles (FLHSMV), hit-and-run crashes have maintained a steady presence in the state, constituting nearly 25% of all accidents. As experienced Hialeah hit-and-run lawyers, our legal team recognizes that while many of these incidents involve property damage exclusively, the repercussions can be catastrophic.

In response, the FLHSMV initiated the “Bad to Worse” campaign to educate the public and reduce hit-and-run occurrences. Understanding the gravity of leaving the scene is crucial; serious criminal repercussions await those who fail to comply with reporting requirements.

In 2023 alone, Florida recorded 104,273 hit-and-run crashes, resulting in 271 fatalities and 871 serious bodily injuries. Vulnerable road users, such as pedestrians and cyclists, are particularly at risk, with over 76% of hit-and-run fatalities involving them. The Aaron Cohen Life Protection Act, enacted in 2014, mandates a minimum four-year prison sentence for drivers convicted of leaving the scene of a crash resulting in a fatality.

For immediate legal assistance from a knowledgeable Hialeah car accident lawyer, contact us today. We can evaluate your claim and answer any questions you have.

Why Are There So Many Hit-and-Run Accidents in Hialeah, Florida?

Hialeah, Florida, is a bustling urban center characterized by its vibrant atmosphere and extensive road infrastructure. With major thoroughfares like I-75, State Road 826 (Palmetto Expressway), and U.S. Route 27 (Okeechobee Road) coursing through its streets, Hialeah sees a significant volume of traffic on a daily basis. Unfortunately, this bustling activity also contributes to a higher incidence of hit-and-run accidents.

The diverse array of factors contributing to the prevalence of hit-and-runs in Hialeah includes the city’s rapid pace of life, congestion on major roads, and occasional reckless driving behaviors. As drivers navigate the bustling streets of Hialeah, staying vigilant and adhering to traffic laws becomes paramount to ensuring safety for all road users.

The FLHSMV’s “Stay at the Scene” campaign underscores the importance of responsible driving practices and emphasizes the legal obligations of motorists involved in accidents. By raising awareness and promoting accountability, initiatives like these strive to reduce the incidence of hit-and-run accidents and foster a safer environment on Hialeah’s roads.

To learn more about the causes of hit-and-run accidents and why drivers flee the scene of an accident contact a hit-and-run attorney in Hialeah, Florida, at our law firm today.

What Are Florida’s Hit-and-Run Laws?

Understanding the legal ramifications of leaving the scene of an accident, or “hit and run,” is crucial for drivers in Hialeah, Florida. According to Florida law, failing to fulfill certain duties after a vehicle crash involving death, bodily injury, or property damage constitutes a hit and run.

Statutory Duties for Property Damage

For accidents involving only property damage, drivers must:

  • Stop their vehicle immediately at the scene or as close as possible.
  • Provide their name, address, and registration number to the other party.
  • Exhibit their driver’s license upon request.
  • Furnish necessary information to investigate police officers.

If the damaged property is unattended, attempt to locate the owner or leave a written notice with contact information and report the crash to the nearest police department.

Statutory Duties for Bodily Injury or Death

In cases of injury or death, drivers must:

  • Stop their vehicle at the scene or as close as possible.
  • Provide their name, address, and vehicle registration number to the other party.
  • Display their license or permit upon request.
  • Provide relevant information to investigating police officers.
  • Render reasonable assistance to injured persons, including arranging transportation to medical facilities if necessary.
  • If the other party is unable to receive information, report the crash to the nearest police authority.

Required Proof

To establish the crime of leaving the scene of an accident at trial, Florida law requires proving:

  • The defendant was the driver involved in the crash.
  • The defendant knew or should have known about the crash and its consequences.
  • The defendant willfully failed to stop at the scene or provide necessary information.

Florida laws regarding these types of crashes can be complicated. If you have questions regarding these laws and how they apply to your situation, schedule a free consultation with a skilled Hialeah hit-and-run lawyer at Schilling & Silvers Property and Accident Attorneys today.

What Are The Penalties and Consequences For Fleeing the Scene of An Accident in Hialeah, Florida?

The penalties for a hit-and-run conviction in Florida are severe. Even in cases of property damage only, offenders face misdemeanor charges and potential jail time. For injuries or fatalities, the consequences escalate to felony charges, significant fines, and the loss of driving privileges.

Hit-and-run penalties vary based on the severity of the incident. Drivers fleeing the scene of property damage face second-degree misdemeanor charges, while those leaving injured parties could be convicted of second or third-degree felonies, with penalties including imprisonment and hefty fines. Fatal hit-and-runs constitute first-degree felonies, carrying a mandatory minimum four-year prison sentence.

In the event of a crash involving property damage only, drivers must attempt to locate or contact the property owner and, if unable to do so, leave their contact and insurance information at the scene. Failure to comply can result in legal ramifications.

Who Covers Damages In a Hialeah Hit-and-Run Accident?

Navigating the aftermath of a hit-and-run accident in Hialeah, Florida, can be overwhelming, especially when it comes to covering medical expenses and property damages. The sunny streets of Hialeah can sometimes lead to unexpected events, but understanding your options for compensation is crucial. Let’s explore who covers damages in a hit-and-run accident and how an experienced Hialeah hit-and-run attorney can assist you.

A Closer Look Into Florida’s “No-Fault” Insurance System

In Florida, the no-fault insurance system plays a significant role in handling accidents, including hit-and-runs. Here’s what you need to know:

  • Personal Injury Protection (PIP): This mandatory coverage ensures that your immediate medical expenses and a portion of lost wages are covered, regardless of fault. However, PIP benefits have limits, typically up to $10,000.
  • Property Damage Liability (PDL): PDL covers damages to another person’s property in an accident you cause.
  • Uninsured Motorist Coverage: This coverage comes into play when the responsible party is unknown or uninsured. It provides you with a safety net to cover medical expenses and other damages.

Legal Recourse After a Hit-and-Run Accident in Hialeah, Florida

When the at-fault driver flees the scene, seeking legal guidance becomes crucial. Here’s how the skilled Hialeah personal injury attorneys at our law firm can help:

  • Navigating Insurance Claims: Attorneys specializing in hit-and-run cases can help you understand your insurance coverage and pursue rightful compensation through your policy.
  • Legal Action: Despite the absence of the at-fault driver, legal avenues exist for seeking justice. Skilled attorneys can assist in filing claims with your insurance company and exploring all available options for compensation.
  • Police Cooperation: While law enforcement from the Hialeah police department works to identify the hit-and-run driver, our attorneys can gather evidence and prepare a case to ensure you’re prepared to pursue compensation if the offender is apprehended.

The Challenges of Proving Hit-and-Run Cases in Hialeah, Florida?

Understanding Florida’s hit-and-run laws, as outlined in section 316.027 of the Florida Statutes, is essential for all drivers. These laws mandate severe penalties for those who leave the scene of an accident, emphasizing the importance of adhering to legal responsibilities after a crash.

Proving hit-and-run accidents in Hialeah, Florida, presents unique challenges, but avenues exist to identify the responsible drivers. Despite these hurdles, several strategies and resources can assist law enforcement agencies and legal professionals in tracking down the perpetrators.

Eyewitness Statements

Firstly, eyewitness statements play a pivotal role in hit-and-run cases. Eyewitnesses often provide crucial information about the fleeing vehicle, such as its color, make model, and even partial license plate numbers. Their first-hand accounts serve as invaluable evidence in identifying the at-fault driver.

Surveillance Footage From Cameras

Additionally, surveillance footage from cameras near the accident scene can capture critical evidence. Whether it’s security footage from nearby businesses or recordings from dashboard cameras, visual evidence can corroborate eyewitness accounts and provide additional details about the fleeing vehicle.

Photos of Vehicle Damage

Moreover, photos of vehicle damage can offer significant clues about the hit-and-run driver’s car. Detailed inspections and photographs of the damage can reveal essential information such as the color, size, and model of the at-fault vehicle.

Proactive Steps You Can Take Which Will Strengthen Your Claim

Despite these challenges, proactive steps can significantly enhance the likelihood of holding the responsible party accountable. Engaging law enforcement, contacting nearby establishments for surveillance footage, and seeking government support from agencies like the Department of Motor Vehicles are crucial in locating hit-and-run drivers.

However, several obstacles complicate hit-and-run cases, including failing to report the accident promptly and not seeking immediate medical treatment. Delays in reporting the accident and seeking medical attention can hinder efforts to gather evidence and prove liability.

Moreover, victims may struggle to find the driver responsible for the accident, especially if they are uninsured or lack identification. In such cases, obtaining legal assistance from experienced Hialeah hit-and-run lawyers becomes essential. Attorneys can help victims navigate the legal complexities, gather evidence, and pursue compensation for their injuries and property damage.

In conclusion, while proving hit-and-run accidents in Hialeah poses challenges, proactive evidence collection and collaboration with law enforcement agencies can enhance the chances of holding the responsible party accountable. Seeking legal representation is crucial for victims to explore their legal options and recover damages resulting from hit-and-run accidents. At Schilling & Silvers Property and Accident Attorneys, we are committed to assisting hit-and-run accident victims in Hialeah, Florida, to navigate through these challenging situations and obtain the compensation they deserve.

What is The Process of a Hit-and-Run Accident Claim in Hialeah, Florida?

What is involved in a hit-and-run accident investigation in Hialeah, Florida? Discovering the identity of a hit-and-run driver is a complex process that requires a comprehensive investigation by law enforcement. This investigation not only aids in pursuing criminal charges but also provides essential details for potential personal injury lawsuits or insurance claims against the responsible party. Here’s an overview of the steps involved:

1.   Police Response at the Scene:

Upon reporting a hit-and-run accident, law enforcement promptly responds to the scene. They conduct an initial examination, gather evidence, and record your statement regarding the incident.

2.   Collection of Witness Statements:

Witness testimonies play a pivotal role in identifying the hit-and-run driver. Responding officers gather statements from eyewitnesses to gather crucial information such as vehicle descriptions, license plate numbers, and driver details.

3.   Review of Video Surveillance:

In cases where eyewitnesses are unavailable or lack sufficient information, investigators turn to video surveillance footage. Traffic cameras, dash cams, and security footage from nearby establishments are analyzed to glean insights into the incident.

4.   Creation of a Traffic Crash Report:

Based on the information obtained, law enforcement compiles a comprehensive Florida Traffic Crash Report. This detailed report includes vital data such as the accident’s date, time, location, vehicle descriptions, witness details, and insurance information. It serves as a key reference for further proceedings.

5.   Contacting the Responsible Party:

If the hit-and-run driver is identified, law enforcement endeavors to contact them either through written communication or in-person discussions. Depending on the severity of the accident, the driver may face immediate legal consequences, including potential arrest.

6.   Filing Criminal Charges:

Hit-and-run offenses carry significant legal penalties in Florida, ranging from misdemeanors to felonies based on the extent of damage or injury caused. Law enforcement initiates criminal proceedings against the responsible driver, seeking appropriate punishment under state law.

Throughout this investigative process, victims of hit-and-run accidents can leverage the findings to support their civil claims for compensation. A skilled Hialeah hit-and-run lawyer can provide invaluable assistance in navigating the legal complexities, negotiating with insurance companies, and pursuing rightful compensation for medical expenses, lost income, and emotional distress resulting from the accident.

If you’ve been injured in a hit-and-run accident or lost a loved one due to such an incident, don’t hesitate to seek legal guidance. Contact our experienced team at Schilling & Silvers Property and Accident Attorneys for a free consultation to discuss your case and explore your legal options.

How Much Can I Get For My Hialeah Hit-and-Run Accident?

Determining the compensation for a hit-and-run accident in Hialeah, Florida involves various factors, including the extent of injuries, property damage, and financial losses. While every case is unique, consulting with a hit-and-run lawyer in Hialeah, Florida can provide insights into potential settlement amounts and legal options.

When you notify the police of a hit-and-run accident, they initiate a comprehensive investigation to identify the driver. This investigation process involves multiple steps, including responding to the scene, taking witness statements, reviewing video surveillance, and filing a crash report. Once the responsible party is identified, law enforcement may file criminal charges against them, depending on the severity of the accident.

The timeline for resolving a car accident settlement varies depending on the specifics of the case. Negotiations with insurance companies may lead to a settlement, but if unsuccessful, filing a personal injury lawsuit may be necessary. This legal process involves discovery, mediation, and potentially a trial, which can extend the resolution timeline significantly.

Additionally, uninsured motorist insurance coverage (UM) can provide compensation for injuries sustained in a hit-and-run accident where the at-fault driver is uninsured or underinsured. While UM coverage does not cover vehicle damage, it can help cover medical expenses and other losses resulting from the accident.

To learn more about settlements and factor which affect compensation contact a knowledgeable Hialeah hit-and-run attorney for a free case evaluation.

Hialeah, Florida

Nestled in Miami-Dade County, Hialeah, Florida, boasts a vibrant cultural scene and a bustling economy. Positioned at the nexus of several major thoroughfares like I-75, State Road 826 (Palmetto Expressway), U.S. Route 27 (Okeechobee Road), and State Road 924 (Gratigny Parkway), Hialeah serves as a vital transportation hub in South Florida. With its strategic location, residents and visitors enjoy convenient access to neighboring cities and attractions.

In the unfortunate event of a hit-and-run accident in Hialeah, accessing reliable automotive repair services becomes paramount. Fortunately, the city hosts esteemed establishments who can help you.

Body Shop Pros is renowned for its exceptional craftsmanship and personalized service. Equipped with state-of-the-art facilities and a team of skilled technicians, they specialize in comprehensive auto body repair, from minor dents to major collision damage. Their commitment to quality and customer satisfaction has earned them a stellar reputation among Hialeah residents.

Olijay Bodyshop Services is another trusted name in the local automotive repair industry. With years of experience and a dedication to excellence, they offer a wide range of services, including dent repair, paint restoration, and frame straightening. Their knowledgeable staff strives to deliver efficient solutions tailored to each customer’s needs.

San Antonio Paint and Body Shop has been serving the Hialeah community for decades, providing top-notch collision repair and refinishing services. From minor scratches to extensive body damage, their skilled technicians utilize advanced techniques and premium materials to restore vehicles to pristine condition.

1Stop Collision is committed to delivering superior results and unmatched customer service. With a focus on efficiency and attention to detail, they offer comprehensive repair solutions to address any automotive damage. Whether it’s dent removal, paint matching, or structural repair, their experienced team ensures quality workmanship and timely completion.

These reputable establishments play a crucial role in helping Hialeah residents navigate the aftermath of a hit-and-run accident. With their expertise and dedication, they provide peace of mind and assurance that vehicles will be restored to their pre-accident condition, allowing individuals to resume their daily lives without disruption.

Knowledgeable Hit-and-Run Accident Lawyer in Hialeah, Florida

At Schilling & Silvers Property and Accident Attorneys, we understand the complexities and challenges that arise in hit-and-run accident cases.

With our extensive experience and expertise in handling such matters, we have successfully represented numerous clients in Hialeah, Florida, seeking justice and fair compensation for their injuries and losses.

Our dedicated Hialeah hit-and-run lawyers are committed to providing compassionate support and aggressive advocacy for accident victims. If you or a loved one has been involved in a hit-and-run incident, don’t hesitate to reach out to us for trusted legal guidance and representation. We are here to fight for your rights and help you navigate through this difficult time with confidence and peace of mind.

Locations near Hialeah which Schilling & Silvers Property and Accident Attorneys serves include Fort Lauderdale, Hollywood, Pompano Beach, Coral Springs, Plantation, and more.