In Florida, witnesses to car accidents are not legally required to stay at the scene or provide their information. Unlike drivers involved in a crash — who have a legal duty to stop, exchange information, and render aid if necessary — bystanders who merely observe an accident have no such obligation under Florida law.
When Are You Legally Required to Stay?
There are a few situations where a person might be legally compelled to remain at the scene of a car accident. These include:
- If You Were Involved in the Accident
Even if you were not at fault, Florida law requires all drivers involved in an accident to remain at the scene.
- If You Render Aid
While Good Samaritan laws protect those who assist injured parties in an emergency, if you actively engage in providing aid or become part of an official investigation, authorities may request that you stay to provide a statement.
- If You Are Subpoenaed Later
If you leave the scene but later provide a statement to law enforcement, you may be subpoenaed as a witness in a legal case.
What to Do If You Choose to Remain As a Witness
While you are not required to stay, if you choose to do so, there are a few best practices to keep in mind, including:
- Don't Cause Even More Accidents
While you might have good intentions in staying at the scene, you might also unknowingly cause more issues or put yourself in danger. Pull over at a safe distance and turn your hazards on since other drivers may be unaware of the accident. Stay out of active traffic lanes and avoid standing between vehicles or too close to the accident site. You don't want to block emergency vehicles, and you don't want be near any fuel leaks or other hazards.
- Stay Out of Altercations
Drivers involved in the accident may be upset or aggressive. Do NOT get involved in arguments or disputes; let law enforcement handle that. You're a witness to the accident alone, not to what those involved may or may not have been doing or thinking while driving.
- Call 911 if Necessary
If emergency responders are not yet on the scene, reporting the accident can be helpful if you fear someone's life is in danger or if it's obvious that the accident will cause significant traffic delays.
- Give a Statement to Police
When police arrive, follow their directions on where to stand and when to leave. Provide your statement calmly and clearly. Avoid speculation.
- Exchange Contact Information
Law enforcement or involved parties may ask for your name and phone number in case further details are needed. And if the accident leads to a legal case, you might be contacted later for clarification or testimony.
Wilkes & Mee is a Jacksonville, FL car accident injury law firm.