How do investigators reconstruct hit-and-run collisions?

Crash reconstructionists use various techniques to piece together the events of a hit-and-run, even when the at-fault driver has fled. They examine vehicle damage, road marks, and the victim's injuries to determine speed, direction, and point of impact. In incidents where there's an allegation of a projectile, like the brick mentioned by White, forensic experts would also assess the damage to verify the claim. The National Highway Traffic Safety Administration (NHTSA) emphasizes that hit-and-run crashes are often complex due to the absence of the at-fault driver at the scene, requiring thorough investigation. In incidents involving a fleeing driver, Stefano Formica, Of Counsel at Bond Legal, observed that "The legal landscape uses a 'reasonable person' standard to decide if a driver was at fault for an injury. This means the system compares the driver's actions to what a careful, alert person would have done in the same situation to avoid a crash." The presence of criminal charges further complicates the civil aspects of a case, as the outcome of the criminal trial can influence civil proceedings. Victims of such crashes often face significant medical bills and a long recovery, making the legal process to secure compensation critical.

Dwayne Lamont White Arrested in Miami Hit-and-Run Accident

Q: What are the immediate steps after a hit-and-run?

After a hit-and-run incident like the one involving the cyclist in Miami, the immediate priority for authorities is locating the suspect and securing the scene. Investigators often rely on witness accounts, surveillance footage, and forensic evidence to identify and apprehend the fleeing driver. The Miami-Dade Sheriff's Office quickly located White's vehicle, which was damaged and concealed, indicating the effectiveness of their rapid response. "Nobody thinks about their car’s black box until it’s the only way to get answers for a grieving family," said Candice Bond, Managing Partner at Bond Legal. "These recorders show exactly what the driver did with the brakes and steering in those final five seconds."

Dwayne Lamont White arrested after hit-and-run in Miami, Florida

Miami-Dade Sheriff's Office investigates incident that left cyclist critically injured

Dwayne Lamont White, 43, was arrested after he struck a cyclist and fled the scene near the 2600 block of Southwest 139th Avenue in Miami on April 5, authorities said. Miami-Dade Sheriff’s Office deputies found the victim on the swale in front of a residence, bleeding from the mouth and appearing to be in significant pain. Miami-Dade Fire Rescue personnel evaluated the victim as a trauma patient before they were airlifted to Jackson South Medical Center in critical condition. Authorities later located White's vehicle, an older model beige Nissan Altima, covered with a blanket at a nearby residence. White was charged with attempted premeditated murder and leaving the scene of a crash with serious bodily injuries. According to the arrest report, White told investigators the cyclist threw a brick at his windshield, damaging the car, before he intentionally ran into the victim and their bicycle. The impact caused the cyclist to fall onto the swale while the bicycle was dragged along the road. The crash remains under investigation.

What are the immediate steps after a hit-and-run?

Florida's comparative fault system and damage recovery

Florida operates under a modified comparative fault system, which was updated in 2023. Under this framework, an injured party can recover damages only if their own fault in causing the crash is 50% or less. If a claimant is found to be 51% or more at fault, they are barred from recovering any damages. For cases where the claimant's fault is 50% or less, their recoverable damages are reduced proportionally to their percentage of fault. This system allows injured parties to seek compensation for both economic losses, such as medical expenses and lost wages, and non-economic losses, including pain and suffering.

Statute of limitations and insurance requirements in Florida

The statute of limitations for personal injury claims in Florida was reduced from four years to two years in 2023. This means that injured individuals generally have two years from the date of the crash to file a lawsuit. Additionally, Florida is a no-fault insurance state, requiring drivers to carry Personal Injury Protection (PIP) coverage. This insurance typically covers initial medical expenses up to $10,000, regardless of who was at fault for the collision. Bond noted that understanding one's own insurance policy limits is an important aspect of navigating the legal process after a crash.