Before someone can be convicted of the crime of leaving the scene of an accident involving death or injury, the prosecution has to prove the following four things beyond a reasonable doubt:
- The accused was the driver of a vehicle involved in a crash resulting in injury to or the death of any person;
- The accused knew or should have known that she was involved in a crash;
- The accused knew or should have known of the injury to or death of the person; orThe accused knew or should have known of the injury to the person; and
- The accused individual willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until she had given “identifying information” to the injured person and to any police officer investigating the crash; orthe accused willfully failed to render “reasonable assistance” to the injured person if such treatment appeared to be necessary or was requested by the injured person.
In the case of Carrada v. State of Florida, the Court noted that one defense to the crime of leaving the scene of an accident involving death or injury is that the accused individual left the scene of an accident in order to go get help (such as medical assistance) for someone who had been injured in the accident.