What Evidence is Needed to Prove a Hit and Run in Orlando?

Fleeing the scene of an accident is illegal in Florida. Nonetheless, thousands of people are injured in motor vehicle collisions only for the other driver to hit the gas pedal and leave them in the dust.

At JustCallMoe, our lawyers have helped many injured motorists seek financial compensation after a hit-and-run accident. Please contact us to schedule your free consultation with an Orlando hit and run accident lawyer.

A major problem will be trying to prove you were hurt by a hit and run driver. In this article, we discuss how to prove a hit and run.

Sources of Compensation for a Hit and Run

According to the Florida Department of Highway Safety and Motor Vehicles, the state experienced more than 100,000 hit-and-runs in 2023. The good news is that victims can seek compensation from the following:

• Personal injury protection (PIP) insurance. These are no-fault benefits that all Florida drivers should have. You will need to prove you were injured in an accident and suffered an emergency medical condition to receive full benefits.
• Uninsured motorist coverage. This is optional insurance in Florida. If you have it, we can submit a claim so long as you are not at fault for the hit-and-run accident.
• Personal injury lawsuit. If the police can identify the driver, then you might file a lawsuit against them and seek a settlement. You will need to prove the defendant was at fault for the crash.
• Florida Bureau of Victim Compensation claim. You might also submit a claim on the fund. You will need to prove you were the victim of a crime.

These are the most common options for getting money to cover the cost of medical care and lost wages.

Evidence Needed to Prove Hit and Run

As a personal injury law firm, we usually help victims seek financial compensation in a civil claim. The following evidence is helpful:

1. Police report. You should immediately call the police to report the hit and run. A police report is a critical piece of evidence if you hope to make a claim on your uninsured motorist policy or file a claim as a crime victim. You need to document that you were, in fact, a victim of a hit and run and didn’t just crash because of your own negligence. A police report is the foundation of most hit and run cases.
2. Description of the driver and vehicle. Share this information with the police. It can help them find the hit-and-run motorist, which increases your odds of receiving compensation. Share information about the vehicle, including the color and make, as well as any details about the driver. Was the driver male or female? White or Hispanic? Wearing glasses? These details help.
3. Video of the accident. The crash might have been captured on video. For example, a vehicle might have a dashcam that recorded the vehicle hitting you and fleeing. Or a nearby business could have a security camera pointed at the road, which recorded the wreck. Our Orlando car accident lawyer can investigate.
4. Witness testimony. Did anyone witness the hit and run? Get their name and a way of contacting them. These could prove to be critical witnesses. They can back up your story that you were the victim of a hit and run.
5. Your memories. You can certainly testify that you were struck by a fleeing motorist. The problem is that the insurance companies might think you are telling a self-serving story. They disbelieve you and want other proof.

Remember not to delay calling the police. You should report immediately from the scene using your cell phone.

What Evidence is Needed to Convict a Hit and Run Driver?

Florida Statutes § 316.027 requires that any motorist involved in a crash that causes serious bodily injury should immediately stop and remain at the scene until they:

1. Share their name, address, and registration with the victim;
2. Exhibit their license or permit (if requested);
3. Provide reasonable assistance to injured victims, such as calling an ambulance or even taking them to the hospital.

It is a third-degree felony to willfully fail to perform these duties.

The state might charge any hit-and-run driver with a crime if they catch them. As an injured victim, you have fulfilled your obligations to protect public safety by quickly reporting the accident and sharing what information you have about the driver. It’s up to the state to determine whether to charge the driver if they find them.

Criminal cases will depend on similar evidence that we use in a civil case—any video, witness testimony, and your own testimony. You might be asked to testify in criminal court against the driver.

Why These Are Difficult Cases

The central problem for injured victims is that the insurance companies might allege you caused your own wreck. They might claim you:

• Fell asleep and crashed through no one else’s fault but your own;
• Got into an accident because you were driving while distracted;
• Were intoxicated or drunk;
• Crashed because you were speeding or otherwise driving dangerously.

In short, they claim you are lying and that you were not a victim of a hit and run. Consequently, you need legal help to build a solid claim. We know how to prove a hit and run and what evidence will do the trick. Our firm can also negotiate with insurance companies or submit a claim on the victim compensation fund for you.

Schedule a Meeting with Our Orlando Car Accident Lawyer

Were you hurt in a hit and run accident? JustCallMoe today and meet with an experienced attorney to discuss your case. We can perform an investigation and see if there is any video of the accident.

We can also analyze the police report and talk with witnesses. It is possible to receive compensation in Florida for a hit and run collision, but you should hire a seasoned legal advocate to take the reins and shepherd your case through the process. Call us to schedule a free consultation!