Hit-and-run accidents are both incredibly problematic and far too pervasive in Florida. On average, the state clocks 103,000 hit-and-run crashes annually, an incident rate that has climbed 40 percent in the last decade, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Every year, more than 1,000 people suffer serious bodily injury in these crashes and hundreds lose their lives. Pedestrians and bicyclists tend to be disproportionately affected.
As Fort Myers injury lawyers can explain, hit-and-run crashes also pose significant hurdles for victims seeking compensation. Understanding the legal avenues that may be available in these situations is an imperative.
Factors Contributing to High Hit-and-Run Accident Rates in Florida
Florida isn’t the only state to have issues with hit-and-runs, but it consistently ranks among the highest in the country.
Some of the most common contributing factors in Fort Myers hit-and-run cases include:
- At-risk drivers. Studies have shown that a disproportionate number of at-fault drivers in hit-and-run crashes are young males with prior arrests for driving under the influence. Alcohol impairment at the time of the accident is also common. (It’s also worth noting that males make up 70 percent of hit-and -run victims in single car/single pedestrian crashes.)
- Socioeconomic factors. Drivers who flee accident scenes frequently operate older vehicles that are not insured. A driver whose finances are precarious may be more motivated to avoid the legal and/or financial repercussions of a crash.
- Environmental conditions. Reduced visibility due to dawn, dusk, nighttime, brush fires, rain, fog, etc. — all of that can contribute to the likelihood of accidents in general, but especially hit-and-run crashes. It may also embolden some drivers to flee, believing they’re less likely to be identified.
- Urban environment. Cities tend to have higher rates of hit-and-run crashes than rural areas, likely thanks to higher population density and the fact that there are more pedestrians in urban areas.
Historically, drivers in Florida may have been motivated to flee because the penalties for fleeing the scene of a crash were far less severe than a serious or fatal drunk driving crash. That has since changed, with changes to F.S. 316.027, which makes it a third-degree felony to commit a hit-and-run. If the crash involved serious injury or death, it’s elevated to a second-degree felony.
Whatever happens in the criminal case, civil claims are handled separately.
Challenges in Seeking Compensation in a Hit-and-Run Crash
Fort Myers injury lawyers know that seeking compensation in hit-and-run crashes is particularly challenging, especially when the at-fault driver is unidentified. That does not mean it’s an impossible task, but our success will depend on the individual facts of the case. 
The biggest problem is that without a positive identification of the responsible party, those hurt can’t file third-party insurance claims or personal injury lawsuits against them, no matter how severe their injuries. Consequently, they must rely on their own insurance policies. Those may or may not cover all their damages.
Avenues of compensation may include:
- Personal Injury Protection (PIP) Coverage. Florida law (specifically F.S. 627.736) requires all motorists to carry PIP insurance, which covers medical expenses and lost wages up to $10,000. This coverage can be granted even if you weren’t driving a vehicle at the time, so long as you were injured in a traffic crash. So if you are covered by a PIP policy but were hit by a vehicle while walking or biking, you may be covered by your own PIP policy.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage. While not mandatory in Florida, UM/UIM coverage is highly beneficial in hit-and-run scenarios. It provides compensation for medical bills, lost wages, and even pain and suffering when the at-fault driver is unidentified or lacks sufficient auto insurance to cover your losses. It does require that you prove the other party was at-fault. Hit-and-run crashes should not try to file this type of claim without help from skilled Fort Myers injury lawyers.
If the driver is ultimately identified, you may have grounds to request restitution in the criminal case. However, that could take years. Keep in mind too that the burden of proof in a criminal case is far higher than in a civil negligence claim. Your chances of succeeding – and obtaining full and fair financial compensation – tend to be far better in the civil justice system than the criminal justice system.
Success in Cases Like These Require Skilled Fort Myers Injury Lawyers
The complexities of Florida hit-and-run claims means that your best bet is a personal injury attorney with extensive experience. A skilled lawyer can assist in investigating the accident, identifying potential sources of compensation, and advocating on behalf of the victim to secure the compensation they deserve.
If you are injured in Fort Myers, Naples or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation.
Additional Resources:
Hit-and-Run Crashes: Prevalence, Contributing Factors and Countermeasures, Research Brief, 2018, AAA Foundation for Traffic Safety
More Blog Entries:
Fort Myers Injury Lawyer Discusses Hospital Bill Lien Reduction Strategies, June 30, 2022, Fort Myers Injury Lawyers Blog