Leaving the Scene of a Crash with Injury
To ensure that accident victims receive medical assistance as soon as possible, Florida has made it a crime for a driver involved in a crash to failure to stop, render aid, and provide certain information for an insurance claim and accident report whenever there is an injury to another person.
The statute makes leaving the scene with non-serious injury a third degree felony. A second degree felony is alleged if serious bodily injury occurs. If a death occurs, then the crime can be charged as a first degree felony.
Attorney for Leaving the Scene of a Crash with Injury
If you were charged with leaving the scene of a crash resulting in injury to another, then contact an experienced criminal defense attorney at Sammis Law Firm. Contact us to discuss the criminal charges pending against you, potential penalties that can be imposed, and the best defenses that can be used to aggressively fight the charges.
Call us at (813) 250-0500 to discuss your case.
Elements of Leaving the Scene of a Crash with Injury
The elements of leaving the scene of a crash with injury include:
- the driver of a vehicle involved in a crash occurring on public or private property which results in non-serious injury or serious bodily injury to another person;
- must immediately stop the vehicle at the scene of the crash; or
- as close thereto as possible, and must remain at the scene of the crash until such person has fulfilled his or her duty to give information and render aid.
The statute applies to the driver of a vehicle involved in a “crash.”
Under § 316.027(1)(a), Fla. Stat., the term “serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
Lesser Included Offenses of Leaving the Scene of a Crash
Is leaving the scene of a crash involving injury a lesser included offense of leaving the scene of a crash involving death? In Williams v. State,732 So.2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Leaving the Scene of a Crash Involving Death.
The courts have also found that there is no issue that a person was killed as a result of an incident giving rise to criminal charges, non-death lessers are not appropriate. See, e.g., State v. Barritt, 531 So.2d 338 (Fla.1988); Humphrey v. State, 690 So.2d 1351 (Fla. 3d DCA 1997).
This article was last updated on Friday, June 1, 2018.