Hit and Run Laws Florida
This article provides general information for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for consultation with a qualified attorney. Laws vary by state, and individualized guidance is recommended.
Understand Florida's stop, information, aid, and reporting duties, the penalty tiers for leaving a crash, and practical next steps for victims and investigated drivers.
A Florida driver involved in a crash generally must stop, remain at or near the scene, exchange required information, and provide reasonable assistance when someone is injured. The criminal level for leaving depends heavily on whether the crash involved only property damage, an injury, serious bodily injury, or death.
The legal duty belongs to a driver “involved in” the crash. It is not limited to the person later found at fault.
What must a driver do after a Florida crash?
Florida Statutes § 316.062 requires an involved driver to provide a name, address, and vehicle registration number; show a driver's license on request when available; and give the information to injured people, occupants or attendants of damaged property, and investigating police officers.
When someone is injured, the driver must also render reasonable assistance. That includes carrying or arranging transportation for the injured person to medical treatment when treatment is apparently necessary or the person requests it.
If the crash involves an unattended vehicle or other unattended property, § 316.063 requires the driver to stop, try to locate the owner, and either notify the owner or leave a written notice containing the required information in a conspicuous place. The driver must also notify the nearest police authority without unnecessary delay.
When must law enforcement be called?
Florida Statutes § 316.065 requires immediate notice by the quickest means when a crash results in injury or death or apparent vehicle or property damage of at least $2,000. Local police receive notice inside a municipality; otherwise the statute directs notice to the county sheriff or nearest Florida Highway Patrol office.
Call 911 for injuries, danger, or uncertainty. The dollar threshold is not a reason to delay emergency help or leave without exchanging information.
Florida hit-and-run penalties by outcome
Florida uses different statutes for injury crashes and property-only crashes.
Crash outcome | Main statute | Classification stated in the statute | Additional consequence |
|---|---|---|---|
Attended vehicle or property damage only | § 316.061 | Second-degree misdemeanor | Restitution may be ordered when the driver caused or contributed to the crash |
Injury other than serious bodily injury | § 316.027(2)(a) | Third-degree felony | At least three years of license revocation under the statute |
Serious bodily injury | § 316.027(2)(b) | Second-degree felony | At least three years of license revocation under the statute |
Death | § 316.027(2)(c) | First-degree felony | At least four years' mandatory imprisonment and at least three years of license revocation, subject to the statute |
Attended vehicle or property damage only
§ 316.061
Second-degree misdemeanor
Restitution may be ordered when the driver caused or contributed to the crash
Injury other than serious bodily injury
§ 316.027(2)(a)
Third-degree felony
At least three years of license revocation under the statute
Serious bodily injury
§ 316.027(2)(b)
Second-degree felony
At least three years of license revocation under the statute
Death
§ 316.027(2)(c)
First-degree felony
At least four years' mandatory imprisonment and at least three years of license revocation, subject to the statute
Under § 316.027, “serious bodily injury” means a physical condition creating a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of a bodily member or organ.
The exact sentence depends on the charged offense, criminal history, facts, applicable sentencing law, and court rulings. A table of maximum classifications is not a prediction of a particular sentence.
A driver does not need to solve fault at the roadside
Stopping is not an admission that the driver caused the crash. It preserves safety, information, evidence, and access to aid. Arguments about comparative fault and insurance happen later.
Leaving because the other person “looked fine,” the damage seemed small, a passenger said to go, or the driver feared an insurance increase can convert a manageable crash into a criminal investigation. If remaining in the traffic lane is dangerous, stop as close as possible and follow lawful safety directions; do not simply depart.
What prosecutors generally must prove
The elements vary with the charge, but leaving-the-scene cases commonly turn on whether the accused was a driver involved in the crash, whether the crash produced the statutory result, whether the driver knew or should have known about the crash or injury as required by governing law, and whether the driver willfully failed to stop and perform the statutory duties.
Knowledge and identity can be proven with circumstantial evidence such as vehicle damage, video, witness observations, phone data, repairs, admissions, or conduct after the event. Defenses are fact-specific. Anyone facing investigation should avoid guessing or destroying evidence and should obtain legal advice promptly.
What a hit-and-run victim should do
- Get to safety and call 911. Do not pursue the fleeing vehicle.
- Record details immediately. Plate characters, make, model, color, direction, driver description, and unique damage may matter.
- Preserve evidence. Photograph the scene, debris, skid marks, injuries, and vehicle damage. Identify nearby doorbell, traffic, transit, or business cameras before footage is overwritten.
- Find witnesses. Save names and contact details rather than relying only on the police report.
- Seek appropriate medical care. Florida PIP medical benefits generally require initial services within 14 days.
- Notify insurers promptly. PIP, collision, medical payments, and uninsured motorist coverage may perform different roles.
- Track losses. Keep bills, wage records, repair estimates, rental receipts, and communications.
Florida Highway Safety and Motor Vehicles provides information about Florida crash reports and how parties can obtain them. A report is important evidence, but it does not automatically decide civil fault or insurance coverage.
Who may pay when the driver is not found?
- PIP may pay specified injury benefits to covered people.
- Collision may pay covered damage to the insured vehicle, less the deductible.
- Uninsured motorist coverage may address bodily injury caused by an unidentified or uninsured at-fault driver, subject to Florida law and the policy.
- Health insurance or medical payments coverage may address some remaining treatment costs.
Each coverage has its own insured-person rules, proof requirements, exclusions, deductibles, limits, and deadlines. The broad body of Florida laws does not create a single automatic “hit-and-run fund” for every victim.
If you left the scene
Do not compound the problem by hiding the vehicle, arranging undocumented repairs, deleting messages, or giving a false report. Address urgent medical needs, preserve evidence, and speak with a qualified Florida criminal-defense attorney before making a detailed statement. Returning later can be relevant, but it does not necessarily erase the original failure to stop.
Legal.com Liability Disclaimer
This article provides general information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Duties, charges, defenses, insurance rights, and deadlines depend on current Florida law and the facts. Consult a qualified Florida attorney about a specific crash, investigation, or claim.