While Florida doesn’t rank in the Top 10 most dangerous states to drive in, there are approximately 400,000 accidents per year in our state. Most of those accidents are witnessed by onlookers who can provide valuable information about the cause or fault of those involved. But this begs the question – if you witness a car accident in Florida, is there a legal requirement to stay at the scene? The answer largely depends on your involvement in the incident. There are several important considerations and guidelines you should keep in mind regarding your responsibilities as a witness.
Legal Duty of a Witness in Florida
Florida law mandates that individuals involved in a car accident— whether they are drivers, passengers, or pedestrians —remain at the scene. This duty is part of Florida’s crash reports and duty to remain at the scene laws. These laws are outlined under Florida Statute 316.061, which requires that anyone involved in a traffic crash, including a driver or a passenger, provide certain information, such as their name, address, and vehicle registration number.
However, for witnesses who are not directly involved in the crash, the situation is different. Florida law does not require bystanders or witnesses to stay at the scene unless there is some specific reason for them to be involved or they are called upon by law enforcement.
What Should You Do if You Witness a Car Accident?
While you are not legally required to stay at the accident scene if you were not involved, there are still a few important steps that can help you fulfill your role as a responsible witness and support law enforcement.
Call 911: The first and most important step you should take if you witness an accident is to dial 911 immediately. Provide information about the location of the crash, the number of vehicles involved, and whether anyone appears injured. This allows first responders and law enforcement to get to the scene quickly.
Provide Assistance if Necessary: Although you are not obligated to stay at the scene, offering assistance to those involved in the accident could make a significant difference, especially if there are injuries.
Stay and Provide a Statement if Needed: If the law enforcement officers at the scene request a statement from you or if your testimony could be crucial to understanding the circumstances of the crash, you may be asked to stay and provide an accurate and honest account of what you observed. This is especially important if there are disputes about the cause of the accident or if there are injuries.
Witness Information: If you choose to leave the scene after calling 911, it is a good idea to leave your contact information with the police. This allows them to follow up with you if your testimony is needed later. You can also record your own observations about the accident, including any details about the vehicles, the time of day, weather conditions, and what you saw before or during the crash. This information may be helpful if you are called upon later to provide a statement.
What Happens if You Leave the Scene Without Helping?
You are not legally required to stay at the scene if you are simply a witness.
However, even if the law does not require you to stay at the scene, there are ethical reasons to consider staying. Accidents can be traumatic for the individuals involved, and your presence could help provide assistance or comfort those who are shaken up. If you have witnessed important details, your testimony could make a difference in ensuring the truth is understood and justice is served.
If you’ve been involved in a Florida car accident and need representation, call Probinsky & Cole. Our experienced legal team can help you to navigate the complexities of the law and make sure your best interests are protected.
