Hit and Run

Question

From ???:  I was hit and run in a crosswalk- I was on my bike. I hunted the car and driver down. Then I called the Sheriff’s Office. I was told there was nothing they could do unless there was a witness. I believe I was told a peace officer had to witness it. Could this be true?

Answer

If there were an injury or death, leaving the scene is a felony, a criminal violation, and an officer does not need to witness the incident to investigate.

s. 316.027 – Crash Involving Death or Personal Injuries

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any 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 he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 If there is damage to a vehicle or other property which is driven or attended, certain actions must be taken or a misdemeanor violation could result, and an officer need not witness the incident to investigate.

s. 316.061 – Crashes Involving Damage to Vehicle or Property

(1)The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree ….

Those involved in a crash are required give information and render aid and submit a report to the police, but failure to do so is a violation is non-criminal traffic offense and must be witnessed by an officer to investigate, unless a certified crash investigator deems further action necessary.

s. 316.062 – Duty to Give Information and Render Aid

(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).

(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

See the following post and the comment:

http://flbikelaw.org/2013/11/video-evidence-of-traffic-law-violation/

 

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2 comments on “Hit and Run
  1. How and where in Daytona Beach do I go to get a helmet fitters certificate?
    I want to do training for kids and feel I really need to get certified.

  2. Geo says:

    The Florida Traffic and Bicycle Safety Education Program conducts training that includes helmet fitting. You would need to contact them to determine scheduled training programs.

    http://safety.hhp.ufl.edu/index.php/contact-us/

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