Orlando, Florida, is known for its vibrant atmosphere, theme parks, and picturesque landscapes. However, like any other city, Orlando has its share of road accidents. Unfortunately, hit-and-run accidents are not uncommon in the City Beautiful. In such cases, many victims are left wondering if they have any legal recourse to seek compensation for their injuries and damages. The short answer is yes, you can file a lawsuit if you’re hit by a hit-and-run driver in Orlando, Florida. However, there are specific legal requirements and steps to follow to ensure your rights are protected. In this article, we’ll explore these requirements and guide you on what to do if you find yourself in such a situation.
The Legal Framework in Florida
In Florida, the law requires all drivers involved in an accident to stop and exchange information. This information typically includes driver’s license and insurance details. Fleeing the scene of an accident, commonly referred to as a hit-and-run, is a criminal offense. The penalties for a hit-and-run can range from fines and driver’s license suspension to imprisonment, depending on the severity of the accident and whether there were injuries or fatalities.
Victims of hit-and-run accidents are often left in a difficult situation. They may be injured, facing property damage, and the responsible driver is nowhere to be found. In such cases, it is crucial to understand your legal rights and options
Steps to Take After a Hit-and-Run
Seek Medical Attention
Your health and well-being should be your top priority. Even if your injuries seem minor at first, it’s essential to seek immediate medical attention. Injuries may not always be apparent right after the accident, and a medical professional can assess your condition and document your injuries, which is important for any potential legal claim.
Contact Law Enforcement
As soon as it’s safe to do so, call the police and report the hit-and-run. The responding officers will investigate the scene, gather evidence, and create an accident report. This report can be crucial when pursuing legal action.
Collect Information
If possible, try to gather as much information as you can about the hit-and-run driver. This may include their license plate number, a description of the vehicle, or any other identifying details. Eyewitnesses can also be invaluable in providing information to the police.
Notify Your Insurance Company
Contact your own insurance company to report the accident. In Florida, you are required to have Personal Injury Protection (PIP) insurance, which can provide some coverage for your medical expenses and lost wages, regardless of fault. Additionally, your uninsured/underinsured motorist coverage may come into play if the hit-and-run driver is never found or does not have sufficient insurance.
Consult an Attorney
It’s highly advisable to consult with an experienced personal injury attorney who focuses on hit-and-run cases. An attorney can help you navigate the legal complexities involved in pursuing a lawsuit against the unidentified driver and can provide guidance on the necessary steps to take.
Filing a Lawsuit in a Hit-and-Run Case
Filing a lawsuit against a hit-and-run driver in Orlando, Florida, can be challenging, given the lack of information about the responsible party. However, it’s not impossible, and the following steps are typically involved
Identify the Hit-and-Run Driver
In some cases, law enforcement may be able to identify the driver through witness statements, surveillance footage, or other evidence. If the hit-and-run driver is found, they can be held legally responsible for their actions.
Uninsured Motorist Coverage
If the hit-and-run driver is never located, or if they are uninsured, your own uninsured motorist coverage may come into play. This coverage is designed to protect you in cases where you are injured by an uninsured or underinsured driver, including hit-and-run situations
PIP Benefits
Your PIP benefits can help cover your immediate medical expenses and lost wages. However, these benefits have a limit, and they may not fully compensate you for all your damages. An attorney can help you understand how to maximize your PIP coverage.
Gathering Evidence
Your attorney will help gather evidence to support your case, such as the police report, witness statements, medical records, and any available information about the hit-and-run driver. This evidence will be crucial in building a strong case.
Negotiation or Litigation
Your attorney will negotiate with your insurance company or, if the hit-and-run driver is found, with their insurance company. If negotiations fail to provide fair compensation, your attorney may recommend filing a lawsuit to seek the compensation you deserve.
Court Proceedings: If a lawsuit is filed, your case will proceed through the legal system. The court will review the evidence and make a determination on the compensation you are entitled to receive. Your attorney will represent your interests and fight for a fair outcome.
Legal Options and Assistance
In the previous sections, we’ve discussed the legal aspects of dealing with a hit-and-run accident in Orlando, Florida. But beyond the legal framework, there are several other important factors to consider in the aftermath of such an incident
Emotional Support
The emotional toll of a hit-and-run accident can be significant. Victims often experience shock, trauma, and stress. It’s essential to seek emotional support from friends, family, or a professional counselor. Don’t hesitate to lean on your support network during this challenging time.
Medical Care and Rehabilitation
As mentioned earlier, seeking immediate medical attention is crucial. Your health should always be your top priority. Follow your doctor’s recommendations and attend all necessary follow-up appointments. Rehabilitation, if needed, can aid in your physical recovery.
Documenting Your Damages
Keep detailed records of all expenses related to the accident, including medical bills, prescription costs, property damage repair estimates, and any other relevant costs. These documents will be important when seeking compensation.
Working with Your Attorney
Your attorney from Victory Law Firm P.A. will be a valuable resource throughout the legal process. They will guide you on how to handle conversations with insurance companies and ensure that your rights are protected.
Pursuing Compensation
Your attorney will help you navigate the complexities of your case, ensuring that you receive compensation for medical expenses, lost wages, property damage, pain and suffering, and more. Their experience can be the key to securing a fair settlement or court judgment.
Closure and Recovery
Regardless of the outcome of your case, finding closure and moving forward with your life is essential. The healing process can be both physical and emotional, and it’s important to surround yourself with a support system that understands and supports your journey.
Being a victim of a hit-and-run accident in Orlando, Florida, can be a traumatic experience. However, it’s essential to remember that you have legal options and support available to you. With the right guidance and professional assistance, you can pursue justice and compensation for the damages you’ve suffered.
Victory Law Firm P.A. is your partner in navigating the legal complexities of hit-and-run cases. Our experienced attorneys are here to ensure your rights are protected and that you receive the compensation you deserve. We understand the challenges you’re facing, and we are dedicated to helping you on your road to recovery.
Your safety on the road and the well-being of your community are also essential. By following safe driving practices, staying vigilant, and advocating for road safety, you can contribute to the prevention of hit-and-run accidents in Orlando.
If you or a loved one has been a victim of a hit-and-run accident, don’t hesitate to seek legal assistance and emotional support. Remember that you are not alone in this journey, and there is help available to guide you through these challenging times.
Don’t wait. Contact Victory Law Firm P.A. to discuss your hit-and-run case and take the first step toward seeking justice and holding those responsible accountable for their actions. Your road to justice starts here.