While most people cannot fathom fleeing the scene of a serious or fatal accident, the fact remains that each year there are hundreds of fatal hit-and-run accidents across the United States. Here in Florida, as well as in other states, fleeing the scene of an accident without exchanging information with the other drivers and arranging for medical transport for the injured victims is against the law.
A hit-and-run accident may give rise to criminal liability. But it can also result in civil liability, typically through a negligence case brought by the injured victim or their family. In a negligence case, the fact that fleeing the scene of an accident is specifically prohibited by statute may make it easier for the injured party to recover damages. This is due to the legal doctrine of negligence per se.
The Doctrine of Negligence Per Se
Negligence per se is an old legal doctrine that may act as a shortcut for plaintiffs in some cases. Essentially, negligence per se stands for “negligence in itself.” The doctrine applies when the allegedly negligent conduct of the defendant is also specifically prohibited by law. For example, drunk driving, fleeing the scene of a serious accident, or texting while driving are all specifically banned by statute.
If the defendant’s conduct at issue is specifically banned, the accident victim may not have to prove that the defendant’s actions were negligent. This is because the state legislature has already determined that the conduct at issue is negligent by passing the bill banning the conduct. When the doctrine of negligence per se does apply, the plaintiff must still prove causation, meaning the defendant’s actions were the cause of the plaintiff’s injuries.
Miami Hit-and-Run Accident Claims Federal Agent’s Life
Earlier this month, a federal agent was killed in a Miami hit-and-run car accident when he was struck by a Mercedes as he was getting into a taxi. According to one local news source, the accident occurred on Collins Avenue, at Espanola Way, at around two in the morning.
Evidently, the driver of the Mercedes was making a wide U-turn when she veered into the federal agent, who was with another agent getting into the taxi. After the collision, the driver continued to drive away. It was not until several hours later that police found her car, with a broken windshield. She was arrested and charged with several serious crimes.
Have You Been Injured in a Florida Accident?
If you or a loved one has recently been injured in any kind of Florida accident, you may be entitled to monetary compensation for all that you have been put though. The dedicated personal injury attorneys at the Florida law firm of Cecere Santana have the experience and dedication necessary to help you navigate the court system to help you obtain the compensation you deserve. To learn more about Florida accident cases, and to speak with an attorney about your injuries, call 800-753-5529 to set up a free consultation.
More Blog Posts:
Alcohol-Related Accidents on Florida Roads, Cecere Santana Injury Lawyers Blog, published January 14, 2016.
The Lasting Effects of Serious Auto Accident Injuries, Cecere Santana Injury Lawyers Blog, published January 7, 2016.