Hit and Run in Florida: Leaving the Scene Can Be a Felony, Even If the Crash Wasn’t Your Fault
A crash can happen in seconds.
You hear the impact. Your heart starts racing. Maybe the other driver is yelling. Maybe you realize your license is suspended. Maybe you had been drinking. Or maybe you honestly do not think the crash was your fault.
Then you drive away.
That decision can create a criminal case of its own.
In Florida, leaving the scene of a crash is not simply a traffic ticket. Depending on what happened, it can be a misdemeanor or a serious felony carrying years in state prison.
And there is an important point many drivers do not realize: you can face a leaving-the-scene charge even when you did not cause the original crash.
What Are You Legally Required to Do After a Crash in Florida?
Florida law places specific responsibilities on drivers involved in a crash.
Under Florida Statute 316.062, a driver involved in a crash must immediately stop at the scene, or as close to it as possible, provide reasonable assistance to an injured person, and provide identifying information to the other party, injured persons, and law enforcement.
That information includes:
- Your name and address.
- Your vehicle registration information.
- Your driver’s license information.
What if you hit a parked or otherwise unattended vehicle and cannot find the owner?
You cannot simply leave.
A separate Florida statute requires you to leave your identifying information in a conspicuous location when the owner cannot be located.
The obligation does not depend on who caused the accident
This is where people sometimes misunderstand the law.
You still have legal responsibilities even if the other driver was speeding, distracted, or driving recklessly.
You still have those responsibilities if you did not have insurance.
You still have them if your driver’s license was suspended.
The question of who caused the collision and the question of whether you left the scene unlawfully are separate issues.
That distinction can become very important in a criminal case.
When Does Leaving the Scene Become a Felony in Florida?
The potential charge depends largely on what happened in the crash.
Florida law treats a property-damage-only collision differently from a crash involving injuries or death. The statutes also impose different penalties depending on the severity of the resulting injury.
Property damage only: second-degree misdemeanor
When a crash involves only property damage, leaving the scene can be charged as a second-degree misdemeanor under Florida Statute 316.061.
The maximum penalty is up to 60 days in jail.
That could involve damage to another vehicle, a mailbox, a fence, or other property.
It is still a criminal offense.
Injury: third-degree felony
When another person is injured, the situation becomes much more serious.
Florida Statute 316.027 provides for a third-degree felony when the crash causes injury to another person.
The potential sentence is up to 5 years in prison.
Serious bodily injury: second-degree felony
If the crash causes serious bodily injury, the charge can become a second-degree felony.
The maximum penalty is up to 15 years in prison.
There is another consequence that can follow the person beyond the criminal sentence: a mandatory minimum 3-year revocation of the driver’s license.
So even after the prison sentence is finished, the driving consequences may continue.
Death: first-degree felony
If another person dies in the crash, leaving the scene can result in a first-degree felony.
The maximum sentence is up to 30 years in prison, with a mandatory minimum of 4 years under Florida law.
That is a dramatic change from a property-damage-only case.
The outcome of the crash matters.
Can You Face Both Hit-and-Run and Another Criminal Charge?
Yes.
A leaving-the-scene case can exist alongside charges arising from the underlying conduct.
For example, suppose prosecutors believe a driver was under the influence when the crash happened and then left without stopping.
The driver could face DUI charges and leaving-the-scene charges.
If the crash resulted in a death and the driver left, the case can involve multiple felony charges with potentially very serious combined consequences.
Leaving the scene does not erase whatever happened before the driver drove away.
It can add another criminal problem.
One Defense Question Can Change the Case: Did You Know There Was a Crash?
There is an important issue in Florida leaving-the-scene cases that does not always get enough attention.
Actual knowledge.
Florida law requires the state to prove that the driver had actual knowledge that a crash occurred and that the driver knew, or reasonably should have known based on the nature of the accident, that the crash resulted in injury or death.
The Florida Supreme Court addressed this issue in State v. Dorsett in 2015.
That means a genuine lack of awareness can matter.
Imagine a driver traveling through a noisy, crowded intersection when something suddenly strikes the side of the vehicle. The driver believes it was a pothole or debris and keeps going. Later, investigators claim the vehicle struck a person.
The question is not simply whether the driver left.
The case may also turn on what the driver actually knew and what the circumstances would reasonably have told that person at the time.
The physical evidence can become extremely important
Whether an actual-knowledge defense applies depends on the evidence.
Investigators may examine:
- Where the vehicle was damaged.
- How extensive the damage was.
- Whether there was paint transfer.
- Debris left at the scene.
- The sound or force of the collision.
- The condition of the vehicle.
- Other evidence showing what the driver could reasonably have perceived.
This is why preserving the vehicle can be so important.
If the car is repaired, washed, detailed, or otherwise altered before an attorney has an opportunity to document its condition, potentially useful evidence may be lost.
Don’t erase the evidence.
How Do Police Investigate a Hit-and-Run?
Leaving the scene does not necessarily mean leaving the investigation behind.
Law enforcement may have several ways to identify the vehicle and driver.
Investigators can look at:
- Surveillance cameras at intersections.
- Cameras outside nearby businesses.
- Automated license plate readers.
- Cellphone videos recorded by witnesses.
- Social media posts.
- Paint-transfer evidence.
- Debris left at the crash scene.
- Vehicle damage.
- Information from body shops.
- Insurance records.
- Tips from members of the public.
In Miami-Dade and Broward, cameras around major intersections can provide investigators with valuable evidence.
The investigation may not happen immediately.
A person can leave the scene and hear nothing for several days or even weeks. Then the police show up at home, arrive at work, or make contact during a traffic stop.
That delay does not necessarily mean the investigation ended.
Sometimes it means the investigation is still developing.
What Should You Do If You Already Left the Scene?
This is where people often make a second mistake.
They panic about the first decision and then try to fix everything themselves.
That can mean calling the police and giving a detailed statement, returning to the scene without legal advice, or answering investigators’ questions before speaking with an attorney.
Those choices can affect the case.
If you left the scene, whether it happened minutes ago or several days ago, speak with a criminal-defense attorney before making statements about what happened.
Should you turn yourself in?
There are situations where voluntarily addressing the matter can be beneficial, but how it is done matters.
An attorney may be able to communicate with law enforcement, discuss the circumstances of a voluntary surrender, advise you about what information should or should not be provided, and begin developing the defense before an arrest takes place.
In some cases, counsel may also be able to negotiate the circumstances of your cooperation or work toward a voluntary surrender rather than having officers arrest you unexpectedly at home or work.
That does not guarantee a particular outcome.
It does mean you are approaching the situation with a plan instead of reacting to it in the moment.
What Evidence Should Your Attorney Look at?
A hit-and-run case is not built around the police report alone.
Your attorney may need to examine the entire chain of evidence, including:
- The crash location.
- Photographs of the scene.
- Surveillance footage.
- Witness statements.
- Vehicle damage.
- Paint transfer.
- Debris patterns.
- Cellphone or social media videos.
- Body-shop records.
- Insurance information.
- Your statements to police.
- The timing and circumstances surrounding your departure.
The condition of your vehicle can be particularly important when the defense involves whether you knew a collision occurred.
A dent or scrape may look obvious after someone tells you what happened. That does not necessarily answer what you could perceive from inside the vehicle at the moment of impact.
Context matters.
What Happens If the Other Driver Was Actually at Fault?
Being at fault for the crash is not the same issue as being responsible for remaining at the scene.
You may have a strong argument that the other driver caused the collision. You may even have evidence supporting that position.
But that does not automatically give you permission to leave.
Florida’s requirements concerning stopping, providing information, and rendering reasonable assistance still apply.
At the same time, the circumstances surrounding the crash can matter to the overall criminal case. Who caused the collision, what happened immediately before the impact, what you could see or hear, and whether anyone was injured can all become relevant pieces of evidence.
Why You Should Not Wait to Talk to a Lawyer
The longer you wait, the more evidence can disappear.
A camera system may overwrite old footage. A witness may forget details. A vehicle may be repaired. Social media posts may disappear. Physical evidence at the crash scene may no longer be available.
And once investigators identify you, the case can move quickly.
Getting legal counsel involved early gives your attorney an opportunity to start preserving evidence and assessing the case before important details are lost.
Facing a Hit-and-Run Investigation in Florida?
If you were involved in a crash and left the scene — whether it happened minutes ago or several days ago — call Albert Quirantes, Esq. at (305) 644-1800.
Before speaking with police about what happened, get legal advice.
The sooner an attorney becomes involved, the sooner the evidence can be examined, your legal options can be evaluated, and a defense strategy can begin.
Available 24/7.
Sources
- Florida Statute 316.062 — duty to stop, exchange information, and render aid
- Leaving the Scene of an Accident in Florida, Law Offices of Kate Mesic — Florida Statute 316.063, unattended vehicle or property provision
- Is Leaving the Scene of an Accident a Felony in Florida?, Galanter Law — Florida Statute 316.061, property-damage-only misdemeanor
- Leaving the Scene of a Crash, Tampa DUI Attorneys — Florida Statute 316.027 felony tiers and mandatory minimum for death
- Leaving the Scene of a Crash with Death in Tampa, FL — State v. Dorsett and the actual-knowledge element
