Hit and Run Death: 1 Essential Guide to Justice
When a Driver Flees: Understanding Hit and Run Deaths in Florida
A hit and run death occurs when a driver strikes and kills a pedestrian, cyclist, or occupant of another vehicle and then leaves the scene without stopping to render aid or exchange information. In Florida, this is a first-degree felony carrying severe criminal penalties—and it leaves families devastated, searching for answers while the responsible party remains at large.
Key Facts About Hit and Run Deaths:
- Legal Definition: Leaving the scene of a crash that results in a fatality, in violation of Florida Statute § 316.027
- Criminal Penalty: Up to 30 years in prison and fines up to $10,000
- Civil Rights: Families can pursue wrongful death lawsuits and compensation even if the driver is never found
- Insurance Options: Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage may provide financial relief
- Florida’s Rate: Approximately 25% of all Florida car accidents involve a driver leaving the scene
The aftermath of a hit and run death is uniquely painful. Not only have you lost someone you love, but the person responsible has chosen to flee rather than face the consequences. You’re left with unanswered questions, mounting bills, and a legal system that can feel impossible to steer alone.
I’m Thomas W. Carey, founding partner of Carey Leisure Carney, and I’ve spent decades representing families devastated by reckless and criminal driving, including hit and run death cases. My personal experience losing my wife Joni to a drunk driver drives my commitment to holding negligent drivers accountable and securing justice for victims’ families.
Defining a “Hit and Run” Under Florida Law
When we talk about a “hit and run” in Florida, we’re not just using casual language—we’re describing a specific crime with serious legal consequences. Under state law, it’s officially called “leaving the scene of an accident,” and it happens when a driver fails to meet their legal responsibilities after a crash.
The numbers tell a troubling story. Roughly 25% of all Florida car accidents involve someone fleeing the scene. That’s one in four crashes where a driver makes the choice to run rather than stay and face their obligations. It’s a decision that can turn a tragic accident into a criminal act.
Your Legal Duty to Stop
Florida law doesn’t give drivers a choice about what to do after a crash. If you’re involved in an accident—even a minor fender bender—you have a legal duty to remain at the scene. This isn’t a suggestion or a courtesy. It’s the law, designed to protect everyone involved and ensure that injured people get the help they need.
When a driver flees, they’re not just breaking the law. They’re abandoning someone who may be hurt, dying, or already dead. They’re leaving families without answers. And in cases of hit and run death, they’re committing a first-degree felony.
What the Law Requires After a Crash
If you’re in an accident in Florida, the law is clear about your responsibilities. You must stop immediately at the scene—or as close as possible without blocking traffic. If anyone is injured, you need to help them get medical attention, whether that means calling 911 or arranging transportation to a hospital.
You also have to exchange information with the other people involved. This includes your name, address, phone number, driver’s license number, and insurance information. This exchange isn’t bureaucracy for its own sake—it’s how victims protect their rights and begin the process of recovery.
Understanding what to do after a car accident in Florida can help you stay calm and do the right thing if you’re ever in this situation.
When Leaving the Scene Becomes a Crime
The penalties for a hit and run depend entirely on the consequences of the crash:
- Property damage only: Leaving the scene is a second-degree misdemeanor
- Injuries: Fleeing becomes a third-degree felony
- Fatality: A hit and run death is charged as a first-degree felony with penalties up to 30 years in prison
The law recognizes that leaving the scene of a fatal crash isn’t just a failure to follow procedure. It’s an abandonment of basic human decency at the moment when it matters most. As attorneys who represent grieving families, we’ve seen the additional pain this choice inflicts on people who are already suffering the unimaginable.
The Legal Ramifications of a Hit and Run Death in Florida
When someone dies in a hit and run accident, the law responds on two separate fronts. There’s the criminal case, where the state prosecutes the driver for breaking the law. And there’s the civil case, where your family can seek compensation for your loss. These cases run on parallel tracks, each serving a different but important purpose.
Understanding this distinction matters because the criminal case isn’t about you—it’s about the state punishing someone who broke society’s rules. The civil case, on the other hand, is entirely about your family’s rights and your path to financial recovery after an unthinkable loss. At Carey Leisure Carney, we focus on that second track, working alongside the criminal process to ensure your family’s voice is heard and your needs are met.
Both paths lead toward justice, but they get there in different ways. Let me walk you through what each one means for your family after a hit and run death.
Criminal Penalties for a Hit and Run Death
Florida doesn’t take fatal hit and runs lightly. When a driver kills someone and then flees the scene, they’re charged with a first-degree felony—one of the most serious crimes in our state. The penalties reflect just how grave this offense is.
A conviction for a hit and run death can result in up to 30 years in state prison. That’s not a maximum that rarely gets imposed—judges take these cases seriously. The driver also faces fines up to $10,000 and will lose their driving privileges, often permanently. The mandatory driver’s license revocation ensures they can’t simply get back behind the wheel after serving time.
These criminal penalties are pursued by state prosecutors. Their job is to hold the driver accountable to society and to deter others from making the same horrific choice to flee. While families often find some measure of closure in seeing justice served criminally, it’s important to know that criminal cases focus on punishment, not on compensating your family for what you’ve lost.
When alcohol or drugs were involved, the charges can stack up even higher. A driver might face DUI manslaughter charges on top of the hit and run felony, which brings additional years of prison time. If you’re dealing with a case involving impairment, consulting with a drunk driving accident attorney can help you understand how these criminal charges might affect your civil case.
The state’s criminal prosecution is important, but it’s only half the story. Your family deserves more than just seeing the driver punished—you deserve compensation for your loss.
Civil Claims After a Hit and Run Death
This is where our work begins. While the state handles the criminal case, we focus on your family’s civil rights. A wrongful death lawsuit is a separate legal action that your family can file against the driver who caused your loved one’s death. This lawsuit isn’t about punishment—it’s about recovering the financial support, companionship, and stability that was taken from your family.
Through a wrongful death claim, we seek compensation for pain and suffering—the profound emotional distress and grief your family endures. We pursue recovery for lost wages and earning capacity, representing all the financial support your loved one would have provided over their lifetime. Every paycheck they would have brought home, every contribution to the household, every plan for the future—all of that matters in calculating what your family has lost.
We also seek compensation for medical expenses incurred between the accident and your loved one’s passing, as well as funeral and burial costs that no family should have to bear alone. Beyond the financial aspects, we fight for recognition of the loss of companionship, guidance, protection, and love that your family member provided—losses that can’t be measured in dollars but that the law acknowledges deserve compensation.
Here’s something many families don’t realize: even if the police never catch the driver, you may still have options for recovery. Through your own insurance policy’s uninsured motorist coverage, we can often secure compensation without ever identifying the person who fled. That’s why working with experienced wrongful death lawyers matters—we know how to find every possible avenue for your family’s recovery.
The criminal case asks, “What punishment does this driver deserve?” The civil case asks, “What does this family need to move forward?” Both questions matter, but only the civil case puts your family first. Additional information about Florida law resources can provide context about how these systems work, but you don’t need to steer them alone.
We understand that no amount of money brings back someone you love. But it can ease the financial pressure, provide security for your children’s future, and send a clear message that your loved one’s life mattered. That’s what we fight for every single day.
Seeking Justice and Compensation for Victims’ Families
The aftermath of a hit and run death is not only emotionally shattering but also financially draining. Families are often left struggling with medical bills, funeral costs, and the loss of a loved one’s income, all while navigating the complex legal landscape. Our firm is here to help families in Clearwater, Largo, New Port Richey, Spring Hill, St Petersburg, Trinity, and Wesley Chapel understand their options for seeking justice and compensation.
One of the first questions families ask is: “How will we pay for all of this?” It’s a fair question, and understanding Florida’s insurance system is the first step toward finding answers.
Florida’s No-Fault System and Your Coverage
Florida operates as a “no-fault” state for car accidents, which means that regardless of who caused the crash, your own insurance coverage typically pays for your initial medical expenses and lost wages. This system requires all registered vehicle owners to carry Personal Injury Protection, commonly known as PIP coverage. You can learn more about what PIP insurance covers in Florida and how it applies to your situation.
But here’s the challenge: in a hit and run death case, PIP coverage alone is rarely enough. That’s where Uninsured Motorist (UM) coverage becomes absolutely critical. When the at-fault driver flees and can’t be identified—or is identified but lacks insurance—your UM coverage steps in to provide compensation for your family’s loss.
Understanding the Difference Between PIP and Uninsured Motorist Coverage:
Personal Injury Protection (PIP) covers up to $10,000 in medical expenses and lost wages for you and your passengers, regardless of fault. It’s designed for immediate, short-term needs. However, PIP does not cover pain and suffering, and it doesn’t apply to wrongful death claims in the way families need.
Uninsured Motorist (UM) Coverage, on the other hand, acts as a safety net when the at-fault driver either can’t be found or doesn’t have insurance. This coverage can compensate your family for the full extent of damages—including pain and suffering, lost future income, loss of companionship, and funeral expenses. For a deeper dive into these protections, read our guide on uninsured vs underinsured motorist coverage.
Navigating the Insurance Claims Process
Filing a claim after a hit and run death requires careful attention to detail and timing. You’ll need to notify your insurance company promptly, provide all available evidence from the scene, and cooperate with their investigation. But remember: insurance companies are businesses, and their goal is often to minimize payouts.
That’s where having experienced legal counsel makes all the difference. We know how to document your losses thoroughly, negotiate aggressively with insurers, and ensure your family receives every dollar you’re entitled to under your policy. Our guide on compensation after an accident walks you through what you can expect to recover.
When Insurance Isn’t Enough: Filing a Lawsuit
Sometimes, even with insurance coverage, the compensation available doesn’t fully address your family’s needs. In those cases, filing a wrongful death lawsuit may be necessary—and it’s entirely possible even if the driver is never caught. We can pursue claims against other potentially liable parties, tap into additional insurance policies, or seek recovery through Florida’s Crime Victims’ Compensation Program.
The legal process can feel overwhelming when you’re grieving, but you don’t have to face it alone. At Carey Leisure Carney, we handle the complex legal work so you can focus on healing and remembering your loved one. Every family’s situation is unique, and we take the time to understand yours, exploring every possible avenue for justice and financial recovery.
Seeking Justice and Compensation for Victims’ Families
The aftermath of a hit and run death is not only emotionally shattering but also financially draining. Families are often left struggling with medical bills, funeral costs, and the loss of a loved one’s income, all while navigating the complex legal landscape. Our firm is here to help families in Clearwater, Largo, New Port Richey, Spring Hill, St Petersburg, Trinity, and Wesley Chapel understand their options for seeking justice and compensation.
Florida operates as a “no-fault” state for car accidents, which primarily impacts how medical bills and lost wages are initially covered. This system requires all registered vehicle owners to carry Personal Injury Protection (PIP) coverage. Understanding what PIP insurance is in Florida becomes crucial when navigating the financial aspects of a tragic loss.
Personal Injury Protection (PIP) covers medical expenses and lost wages up to your policy limits, regardless of who caused the accident. In a hit and run death case, PIP can help cover immediate medical costs that occurred before your loved one passed away. However, PIP has significant limitations—it typically covers only 80% of medical expenses and 60% of lost wages, up to a maximum of $10,000. For a fatal accident, these limits are quickly exhausted and don’t begin to address the full scope of your family’s losses.
This is where Uninsured Motorist (UM) coverage becomes absolutely vital. When the at-fault driver flees and cannot be identified—or is identified but has no insurance—your UM coverage steps in to provide compensation. UM coverage can pay for wrongful death damages including funeral expenses, lost future income your loved one would have provided, and the pain and suffering your family endures. We’ve written extensively about uninsured vs underinsured motorist coverage to help families understand these critical protections.
Many families don’t realize they have UM coverage until they need it. Reviewing your own insurance policy is one of the first steps we take when you contact us. Even if you weren’t the one driving, if your loved one lived in your household, your family’s UM coverage may apply. This can provide a substantial source of recovery when the responsible driver has vanished.
The insurance claims process after a hit and run death requires careful navigation. Insurance companies, even your own, may try to minimize payouts or deny claims based on technicalities. They might argue about coverage limits, question the extent of damages, or delay processing your claim. This is why having experienced legal representation matters. We handle all communications with insurance adjusters, ensuring your rights are protected and your claim is properly valued.
Beyond insurance claims, filing a wrongful death lawsuit against the at-fault driver (if identified) opens additional avenues for compensation after an accident. A wrongful death claim can seek damages for your loved one’s pain and suffering before death, loss of companionship and guidance, lost future earnings, and the emotional trauma your family experiences. These damages often far exceed what insurance policies alone can provide.
The legal process begins with a thorough investigation to identify all possible sources of compensation. We examine your insurance policies, investigate the circumstances of the crash, work to identify the fleeing driver, and calculate the full extent of your family’s losses. Even when the driver remains unknown, we can still pursue compensation through your UM coverage, ensuring your family receives the financial support you need during this devastating time.
We understand that no amount of money can replace your loved one or ease your grief. But securing fair compensation can relieve the financial burden, allow you to focus on healing, and provide a measure of justice. Our role is to handle the legal complexities so you can focus on your family.