Being struck by a vehicle is terrifying for any pedestrian, but when the driver flees the scene, it can leave victims feeling helpless and unsure of what to do next. Unfortunately, our attorneys see Florida pedestrian hit-and-run accident claims all too often. The good news is that injured pedestrians still have legal options to pursue justice and compensation, even if the at-fault driver is never found.
Understanding your rights, responsibilities, and resources after a hit-and-run accident can make a major difference in the outcome of your case. Here’s what Florida pedestrians need to know to protect themselves and their legal claims.
Florida Hit-and-Run Laws: Duty to Give Information and Render Aid
Leaving the scene of a crash without stopping to provide aid or information is against Florida law. If a driver causes a crash involving injury or death and fails to stop, it's a noncriminal traffic infraction. Even in cases where the pedestrian isn’t seriously injured, a driver can still face misdemeanor charges for fleeing.
In any crash involving injury, death, or property damage, Florida Statutes Section 316.062 requires the driver to:
- Stop immediately at the scene
- Provide their name, address, vehicle registration, and driver’s license
- Render “reasonable assistance” to anyone injured
Failure to do so is what makes it a hit-and-run. Unfortunately, many hit-and-run drivers panic, are driving without a license or insurance, or have something to hide (such as driving under the influence).
Who Pays for Injuries in Pedestrian Hit-and-Run Accident Claims
If you’re injured in a Florida pedestrian hit-and-run, you might assume there's no way to recover damages since the driver fled. But there are multiple sources of compensation for pedestrian hit-and-run accident claims:
Your Own Auto Insurance (PIP)
Florida is a no-fault state where every driver with a registered vehicle has to carry Personal Injury Protection (PIP) insurance. If you have your own car, this coverage can cover up to $10,000 in medical expenses and lost wages, even if you were walking and not in your vehicle at the time of the crash.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Suppose you have Uninsured/Underinsured (UM/UIM) coverage through your auto policy. In that case, it can be used to cover medical costs, lost income, and pain and suffering when the at-fault driver is unidentified or has no insurance.
A Household Member’s Auto Policy
If you don’t own a vehicle, you may still be covered under a family member’s insurance if you live with them. This can include access to their PIP and UM/UIM benefits.
Even in a hit-and-run scenario, you still have options for compensation. Speaking with an experienced personal injury attorney can help you uncover all potential sources of compensation after a hit-and-run accident.
Steps to Take Immediately After a Hit-and-Run
Your actions right after a hit-and-run can directly impact your ability to file a successful claim. If you're ever in this situation, try to:
Call 911 Immediately
Even if your injuries seem minor, getting medical help and ensuring the hit-and-run is documented by law enforcement is critical.
Gather Witness Information
If anyone saw the hit-and-run, ask for their contact details. Eyewitnesses can provide valuable statements to the police and your attorney.
Take Photos or Videos
If you're able, take pictures of the scene, your injuries, any vehicle debris, and nearby surveillance cameras or traffic lights that might have recorded the hit-and-run.
File a Police Report
Having an official report on file supports your injury claim and may help identify the at-fault driver.
Notify Your Insurance Company
Report the incident to your insurance provider as soon as possible, even if the other driver hasn’t been found.
How to Strengthen Your Hit-and-Run Accident Claim
Proving liability in a hit-and-run accident claim can be complex, especially when the at-fault driver is never identified. Here are some tips to protect your rights and maximize your compensation:
Seek Medical Treatment Immediately
Prompt care helps connect your injuries directly to the accident and creates vital documentation for your claim.
Follow Up with Specialists
Seeing specialists, such as orthopedic doctors or physical therapists, not only aids recovery but also demonstrates the seriousness of your injuries.
Keep a Recovery Journal
Document your physical pain, emotional stress, and how the injury affects your daily life. This can support your demand for non-economic damages.
Contact an Experienced Attorney
A skilled attorney can help locate additional insurance coverage and negotiate with insurers.
At Hancock Injury Attorneys, we understand how devastating a Florida pedestrian hit-and-run accident can be. Our team is here to guide you every step of the way and fight for the compensation you deserve. If you’ve been injured by a driver who fled the scene, don’t wait; call us today at 813-915-1110 for a free consultation.