by Jose Rivas
If a driver rear-ended your car in Maitland and walked away without a single ticket, you are not alone — and you are not without options. An Orlando careless driving attorney can still help you use Florida law to protect your rights, even when police refuse to write a citation.
What can you do if a careless driver in Florida wasn’t cited after hitting you? You can still file a complaint with law enforcement, request the crash report, preserve your video and photo evidence, and use that proof in both civil and criminal proceedings. An experienced Orlando criminal defense lawyer can guide you through each step while you focus on recovery.
A recent WESH 2 story showed exactly how unfair this can feel. Cellphone video in Maitland captured a Kia Sportage driver repeatedly pressing the gas into another vehicle, causing more than $6,000 in damage. The family said, “He could have killed us,” yet the driver left without a single ticket. Cases like this happen more often than most people realize in Central Florida — but you do not have to accept that nothing can be done.
What Florida Careless and Reckless Driving Laws Say
Under Florida law, every driver must operate their vehicle in a careful and prudent manner so they do not endanger other people or their property. Repeatedly pressing the gas pedal into a stopped car — especially when there is clear video — is the kind of conduct that can support a careless or even reckless driving allegation.
Florida Statute § 316.1925 — Careless Driving
Careless driving is a civil traffic infraction, not a misdemeanor crime, but it still carries real consequences. You can face a fine, four points on your driver’s license when a crash is involved, and major insurance increases that follow you for years. Points also accumulate toward a possible license suspension if there are multiple violations.
Here is the critical part: police do not have to issue a ticket at the scene for this statute to matter. Even if officers refused to cite the other driver, the law still applies to what happened on the road that day. An experienced Orlando careless driving attorney can use the same statute and crash facts to build a strategy, whether you are facing a charge or trying to hold someone accountable.
In more extreme situations, the conduct can rise beyond careless driving and become reckless driving.
Florida Statute § 316.192 — Reckless Driving
Reckless driving means operating a vehicle with willful or wanton disregard for the safety of people or property. A first offense is a criminal misdemeanor that can carry up to 90 days in jail and a fine of up to $500, and the penalties can increase if there is serious injury or significant property damage. When someone keeps accelerating into your vehicle after the initial impact, that pattern may justify a closer look under Florida’s reckless driving law.
If your case involves possible reckless driving or other criminal traffic charges, you need to speak with an Orlando traffic crimes lawyer as soon as possible.
Leaving the Scene and Hit‑and‑Run Charges in Florida
In cases like the Maitland crash, another key issue is whether the at‑fault driver actually met their legal duties before leaving. Florida law requires every driver involved in a collision to stop, remain at or return to the scene, and exchange identifying information.
Florida Statute § 316.061 — Crashes Involving Damage to Vehicle or Property
When a crash involves only property damage, leaving without stopping and exchanging information can be charged as a second‑degree misdemeanor. That means you could face up to 60 days in jail and a $500 fine if the State proves you knowingly left the scene without fulfilling your obligations.
If anyone is hurt, the stakes increase dramatically.
Florida Statute § 316.027 — Leaving the Scene of a Crash Involving Injury or Death
Leaving the scene of a crash involving injury can be charged as a third‑degree felony with up to five years in prison and a $5,000 fine, and if there is serious bodily injury, the offense can be a second‑degree felony with up to 15 years in prison. That is a huge jump from a simple traffic ticket.
So when a driver causes a collision and then fails to stop, refuses to identify themselves, or brushes off their obligations — whether or not it is caught on camera — the law can treat that conduct as a serious crime. If you believe the other driver in your crash did not follow Florida’s hit‑and‑run rules, you should contact the Rivas Law Firm as soon as possible, because video, witness memories, and physical evidence can disappear quickly.
If you are being investigated for leaving the scene, you should speak with a lawyer who handles hit and run charges in Orlando right away so an Orlando careless driving attorney can start protecting your record and license.
How an Orlando Careless Driving Attorney Can Help After a No‑Citation Crash
Many people walk away from a crash thinking, “If the officer didn’t write a ticket, I don’t have a case.” That is simply not how Florida law works. A no‑citation crash can still support a civil claim for property damage or injuries and, in some situations, a criminal investigation — especially when there is clear video or strong witness testimony.
In Florida, dashcam and cellphone videos are generally admissible in court as long as they are authentic, unaltered, and relevant to what happened. The Maitland video is a good example: the footage clearly shows a driver repeatedly accelerating into another car, and that type of evidence can push law enforcement or prosecutors to reopen a file or explain their decisions.
If you are in this situation right now, here are the steps you should take as soon as possible:
- Preserve all video evidence by backing up dashcam or cellphone footage to the cloud, a computer, and at least one external device.
- Request the official crash report from the responding agency through Florida’s public records process so you know exactly how the officer described the incident.
- Document your damages with detailed photos of every angle of your vehicle, repair estimates, rental car receipts, and medical records for any pain or injuries.
- File a written complaint with the responding law enforcement agency if you believe the at‑fault driver should have been cited or investigated and that did not happen.
- Speak with an attorney before you provide a recorded statement to any insurance adjuster, including your own company, so your words are not used against you later.
An Orlando careless driving attorney can help you gather and organize your evidence, communicate with law enforcement, and coordinate your next legal steps. The firm also handles a wide range of traffic violation and traffic crime cases, including reckless driving and leaving the scene allegations, so your strategy can be built around the full picture of what happened.
Call 407‑644‑2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
Frequently Asked Questions
What can I do if a careless driver in Florida was not cited after hitting me?
Even without a citation, you can still act. You can request the crash report, preserve any dashcam or cellphone video, file a complaint with the responding agency, and pursue a civil claim for your damages. An Orlando careless driving attorney can review the evidence with you and help you decide whether to push for further action or focus on a civil recovery.
Is pressing the gas into another vehicle on purpose a crime in Florida?
It may qualify at least as careless driving under Florida Statute § 316.1925, and in more extreme cases it can support a reckless driving charge under § 316.192. Whether it becomes a criminal case depends on factors like intent, the level of danger, and any injuries or property damage. An Orlando careless driving attorney can assess your video and witness evidence and explain what charges may apply.
What happens if a driver leaves the scene of a crash in Florida without exchanging information?
Leaving the scene of a property‑damage‑only crash can be charged as a second‑degree misdemeanor with up to 60 days in jail and a $500 fine under Florida Statute § 316.061. If anyone is hurt, the charge can become a felony under § 316.027, with the possibility of years in prison. Because the stakes are high, both drivers who were hurt and drivers accused of leaving the scene should speak with an Orlando careless driving attorney as soon as possible.
Jose Rivas has litigated thousands of criminal cases and frequently serves as a legal analyst for both local and national media networks. He is highly rated on professional platforms based on extensive client feedback.