Most professional and experienced car accident lawyers in Miami know that if the other driver fled a fatal crash and was later caught, your family’s civil wrongful-death claim moves on a separate track from the criminal case against that driver. The estate’s personal representative can still pursue compensation from the driver and any available insurance, and the act of fleeing — while not proof of fault by itself — can become evidence the civil jury is allowed to weigh.
What Happened in Orange County, Near Orlando
According to WFTV, a Chevrolet Tahoe turned left in front of an oncoming Honda Civic at the intersection of Clarcona and Gilliam roads in Orange County, near Orlando, on the evening of August 19, 2026. The Tahoe’s front right side struck the front of the Civic. The Civic’s driver, a 37-year-old man, was taken to AdventHealth Apopka, where he died, WFTV reports. The Tahoe’s driver ran from the scene on foot and was located roughly a mile away after witnesses reported the flight, according to the same report. He now faces a charge of leaving the scene of a crash involving death.
This post does not assert fault, negligence, or liability on the part of any specific person involved in this pending matter. Criminal charges are allegations, not findings of guilt, and nothing here should be read as a statement about what a court will ultimately decide in that case. Our aim is to explain, in general terms, how Florida law treats a fatal crash where the other driver flees and is later apprehended alive — a distinct scenario from cases where the at-fault driver dies in the crash itself.
Leaving the Scene of a Fatal Crash Is a Serious Felony
The Miami car accident lawyer, Jonathan Perazzo knows that under Fla. Stat. §316.027, a driver involved in a crash that results in a death must stop at the scene, or as close to it as possible, and stay there to exchange information, render aid, and comply with the reporting duties in §316.062. Leaving the scene of a crash involving death is a first-degree felony carrying a mandatory minimum four-year prison term, along with license revocation of at least three years. That statute governs the criminal side of what happens next — it does not decide what a grieving family can recover in a civil case.
Two Separate Tracks: Criminal Charge vs. Civil Wrongful-Death Claim
The criminal prosecution belongs to the State of Florida. Its purpose is to punish a violation of the law — here, fleeing after a fatal crash. A civil wrongful-death claim belongs to the victim’s family and estate, and its purpose is compensation, not punishment. The two proceedings run on separate timelines, with separate burdens of proof, and one does not control the other.
That distinction matters practically. A criminal conviction is not required before a family can file or win a civil wrongful-death case, and an acquittal or reduced charge does not automatically defeat the civil claim — the civil standard (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
Evidence of fleeing the scene can still matter in the civil case. Courts have long recognized that conduct suggesting a defendant knew they had done something wrong — sometimes called consciousness of guilt — can be offered as evidence relevant to the civil claim. That is fact-specific, decided case by case on the record developed in discovery, and it is not automatic proof of negligence or fault standing alone.
Could Punitive Damages Apply?
Some families ask whether fleeing the scene opens the door to punitive damages. Under Fla. Stat. §768.72(2), a defendant can be held liable for punitive damages only on clear and convincing evidence of either intentional misconduct — knowing the conduct was wrong and the high probability it would cause injury, and pursuing it anyway — or gross negligence, meaning conduct so reckless it shows a conscious disregard for the safety of others.
Fleeing the scene, standing alone, does not establish grounds for punitive damages — that depends on the specific facts developed through investigation and discovery. Past results do not guarantee a similar outcome, and no attorney can promise a punitive damages award before the facts are fully investigated.
Who Can Bring the Claim, and How Long They Have
Under Florida’s Wrongful Death Act, Fla. Stat. §768.20, the claim is brought by the personal representative of the estate, on behalf of the statutory survivors named in §768.21 — typically a surviving spouse, children, and, in some cases, parents — as well as the estate itself for certain losses like funeral expenses. Florida generally gives a family two years under Fla. Stat. §95.11(5)(a) to bring a wrongful-death claim (the statute’s specific wrongful-death provision, §95.11(5)(e), sets the same two-year window). Missing that deadline can permanently bar the claim, regardless of how the criminal case turns out.
Comparative Fault: What the Law Says When the Other Driver Turned Left
Florida applies a modified comparative negligence rule under Fla. Stat. §768.81(6): a party found more than 50 percent at fault for their own harm cannot recover damages. How that rule applies here, if at all, depends on facts still under investigation — including exactly how each vehicle approached the intersection. This rule is mentioned here as general Florida law, not as a statement about fault in this specific pending case.
Why Evidence Preservation Is Time-Sensitive in a Fleeing-Driver Case
When a driver runs from the scene, the evidence that establishes what happened — and what the driver knew — often starts disappearing fast:
- Camera footage — traffic cameras, doorbell cameras, and business security systems along the flight path frequently overwrite on 7-, 14-, or 30-day cycles.
- 911 call recordings from witnesses who reported the driver fleeing on foot.
- Witness statements from anyone who saw the initial impact, the driver leave the vehicle, or the arrest roughly a mile from the scene.
- The arrest report and booking records documenting how and where the driver was located.
- Cell-site or location data that can help reconstruct the driver’s movements between the crash and the arrest.
The longer a family waits to have this evidence identified and preserved, the harder — and sometimes impossible — it becomes to recover.
Frequently Asked Questions
Is a fleeing-driver wrongful-death claim the same as when the at-fault driver dies in the crash?
No. When the at-fault driver survives and is charged criminally, as in this case, the claim proceeds against that living defendant and any applicable insurance. When the at-fault driver dies at the scene, the claim instead proceeds against their estate under different probate deadlines — a separate legal scenario covered in more detail here.
Does the criminal charge guarantee my family will win the civil case?
No. The criminal case and the civil case are decided separately, under different burdens of proof. A conviction is not a prerequisite for a successful civil claim, and it does not itself guarantee any particular civil recovery. Past results do not guarantee a similar outcome.
What if the driver had run and was never caught, instead of being arrested?
That is a different fact pattern. When a fleeing driver is never identified, families often have to rely on their own uninsured motorist coverage rather than a claim against the driver directly — though if the driver is identified later, that can still support a broader Florida wrongful-death case against them.
How long does my family have to file a wrongful-death claim in Florida?
Generally two years from the date of death under Fla. Stat. §95.11(5)(a)/(5)(e). Deadlines can be affected by case-specific circumstances, so it’s important to confirm the applicable timeline early.
Can we pursue punitive damages just because the driver fled?
Fleeing alone does not automatically establish grounds for punitive damages under Fla. Stat. §768.72(2). Whether clear and convincing evidence of intentional misconduct or gross negligence exists depends on the full facts of the case.
Speak With The Perazzo Law Firm
Losing a family member in a crash where the other driver ran is disorienting, and the criminal case moving forward doesn’t automatically protect your family’s civil rights or the evidence that supports them. If your family is facing this situation in Orlando, Orange County, or anywhere in Florida, contact The Perazzo Law Firm for a free case evaluation, or call 888-PERAZZO ((888) 737-2996). The firm handles these cases on a contingency basis — no attorney’s fee unless we recover for your family — and there is no cost to find out where things stand.
This post is Miami car accident attorney advertising material. Past results do not guarantee a similar outcome. The Perazzo Law Firm maintains a bona fide office in North Miami Beach, Florida. Nothing in this post constitutes legal advice about, or an assertion of fault regarding, any specific pending criminal or civil matter, including the incident referenced above.