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The Aaron Cohen Life Protection Act is a law that aims to reduce the number of hit-and-run crashes in Florida by imposing harsher penalties for drivers who flee the scene of an accident involving injury or death. The law is named after Aaron Cohen, a cyclist and father of two who was killed by a drunk driver who left him to die on the road in 2012. In this article, we will explore the background, provisions, and impact of the Aaron Cohen Life Protection Act.
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Background of the Aaron Cohen Life Protection Act
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), nearly 25 percent of all crashes in Florida involve a hit-and-run. Although most of these crashes only result in property damage, some of them are fatal or cause serious injuries to cyclists, pedestrians, or other motorists. In 2012, Aaron Cohen, a 31-year-old triathlete and father of two, was riding his bike on Key Biscayne with a friend when he was struck by a car driven by Michele Traverso, who was under the influence of alcohol and cocaine. Traverso did not stop to help Cohen or call 911, but instead drove to his apartment and hid his car under a tarp. Cohen died from his injuries the next day, leaving behind his wife and two young children.
Traverso was arrested and charged with leaving the scene of an accident involving death, driving with a suspended license, and tampering with evidence. However, he was only sentenced to two years in prison, a lesser sentence than what he would have faced if he had been convicted of DUI manslaughter. This outraged Cohen’s family and friends, who felt that the law did not adequately punish hit-and-run drivers or deter them from fleeing the scene. They launched a campaign called the Aaron Cohen Law Initiative to push for legislative changes that would increase the mandatory minimum prison sentence for hit-and-run drivers who cause death or serious injury.
Provisions of the Aaron Cohen Life Protection Act
The Aaron Cohen Law Initiative succeeded in getting bipartisan support from Florida lawmakers to pass the Aaron Cohen Life Protection Act in 2014. The law was signed by Governor Rick Scott on June 24, 2014 and took effect on July 1, 2014. The law amended section 316.027 of the Florida Statutes to create the following penalties for hit-and-run drivers:
- Leaving the scene of a crash involving property damage: Second-degree misdemeanor punishable by up to 60 days in prison and $500 fine.
- Leaving the scene of a crash involving injury: Second- or third-degree felony punishable by revocation of license for at least three years, up to five years in prison and $5,000 fine.
- Leaving the scene of a crash involving death: First-degree felony punishable by revocation of license for at least three years, mandatory minimum of four years in prison (up to 30 years) and $10,000 fine.
The law also requires drivers involved in crashes to provide reasonable assistance to injured persons, such as calling 911 or transporting them to a medical facility if possible. Additionally, the law allows victims of hit-and-run crashes to seek restitution from the offenders for their medical expenses, lost wages, and other damages.
Impact of the Aaron Cohen Life Protection Act
The Aaron Cohen Life Protection Act has been hailed as a landmark legislation that honors the memory of Aaron Cohen and protects the rights and safety of cyclists, pedestrians, and other road users in Florida. According to FLHSMV, since the law took effect in 2014, there has been a decrease in the number of hit-and-run fatalities and injuries in Florida. In 2013, there were 168 hit-and-run fatalities and 17,480 hit-and-run injuries in Florida. In 2020, there were 105 hit-and-run fatalities and 14,843 hit-and-run injuries in Florida. This represents a 37.5 percent reduction in fatalities and a 15 percent reduction in injuries.
The law has also been used to prosecute several high-profile cases of hit-and-run drivers who caused death or serious injury. For example, in 2016, Christopher Masferrer was sentenced to nine years in prison for hitting and killing cyclist Walter Reyes on Key Biscayne. In 2018, Luis Alberto Chocobar was sentenced to seven years in prison for hitting and killing cyclist Alejandro Arteaga on Coral Way. In 2020, Jessica Crane was sentenced to six years in prison for hitting and killing cyclist Denise Marsh on Pine Island Road.
The Aaron Cohen Life Protection Act is related to hit-and-run crashes in Florida because it aims to prevent them from happening and hold those who commit them accountable. The law is a tribute to Aaron Cohen’s life and legacy and a testament to the power of advocacy and activism. The law also sends a message to drivers that they have a moral and legal obligation to stay at the scene of a crash and help those who are injured. By doing so, they may save a life and avoid a harsher punishment.
