Consequences of a Hit and Run Accident in Florida (2025) – New Fleeing/Eluding Penalties Explained
A hit-and-run, also referred to as leaving the scene of an accident, is a serious offense in the State of Florida. Under Florida law, the legal definition of a hit and run accident involves a driver failing to stop and provide information or render aid after being involved in a crash. A Florida hit and run accident is known as the failure of the driver to fulfill their statutory duties, and they will face the consequences of their actions under Florida Statute 316.061. The laws and penalties for a Florida hit are specific and can be particularly harsh compared to other states.
If you or someone you know was caught in a hit-and-run accident that resulted in property damage, bodily injury, or even death, then you will face severe consequences. In Florida, hit and run charges are taken very seriously, and a conviction can have life-altering effects. Every driver is required to operate their motor vehicle by following the duty of care. The law demands that all drivers travel mindfully and in accordance with the law to keep themselves and other road users safe in the State of Florida. If a driver breaches their duty of care by traveling recklessly or causing a hit and run accident, then they will face a number of consequences which we will discuss further in this article.
At The Law Place, we have over seventy-five years of collective experience and knowledge in fighting hit-and-run accident cases all over the State of Florida. Our law firm is aware of the laws surrounding hit and run accidents, and we are aware of the severity of the consequences for getting charged with a hit and run. In particular, a Florida hit and run conviction can result in severe penalties, including hefty fines, license suspension, and even imprisonment, especially if the incident involved injury or death.
It is essential that you get in contact with a hit-and-run accident lawyer after you have been charged with leaving the scene of an accident involving property damage, bodily injury, or death. Our team of hit-and-run accident lawyers has the necessary skills and resources to take on the case and ensure that you have not been wrongfully charged for a crime.
Pick up your phone to call our office today. A hit-and-run accident lawyer will be prepared to take on your case and answer all of your questions. Our phone lines are open twenty-four hours a day, seven days a week so that you can call us at a time that suits you.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
⚖️ Florida Law Update – October 2025
Two major laws — House Bill 113 (HB 113) and House Bill 253 (HB 253) — took effect on October 1, 2025, reshaping how Florida handles hit-and-run and fleeing/eluding incidents under § 316.027 and § 316.1935. These updates significantly raise penalties for drivers who leave the scene or fail to stop for law enforcement, especially on Florida’s high-traffic corridors such as I-75, U.S. 41, and major metropolitan routes in Tampa Bay, Fort Myers, and Sarasota.
Key Legal Updates in 2025
- HB 113 – Fleeing & Eluding Reform:
- Raises felony levels for fleeing or eluding, with mandatory prison for cases causing injury or property damage.
- Requires pursuing officers to use marked vehicles with lights and sirens activated before a lawful stop is valid.
- Expands penalties for drivers who fail to stop after causing a crash, even if no injuries occur.
- HB 253 – License-Plate & Lighting Offenses:
- Creates new misdemeanor and felony charges for using license-plate covers, tinting devices, or unapproved lighting that mimics law enforcement equipment.
- Designed to help investigators identify vehicles in hit-and-run and pursuit cases, particularly those captured on dashcams or city-traffic cameras.
Under these new laws, run penalties have been restructured to include harsher consequences for leaving the scene, with mandatory minimum sentences now required for certain hit and run offenses, especially those resulting in injury or death. Sentencing for felony hit and run charges is determined using the Criminal Punishment Code, which scores the severity of the offense and the defendant’s criminal history.
The updated statutes also allow courts to assess victim injury points even if the injury was not directly caused by leaving the scene, which can significantly increase the sentence. A defendant’s prior criminal history can further increase the severity of penalties under the Criminal Punishment Code.
If you were involved in a hit-and-run or a pursuit-related traffic stop anywhere in Florida after October 1, 2025, your case will fall under these updated statutes. Learn more about statewide traffic-law changes in our 2025 Florida Law Changes Hub.
Last updated October 2025 – Florida Fleeing, Eluding & Hit-and-Run Law (HB 113 & HB 253)
Definition of Leaving the Scene of an Accident in the State of Florida
The definition of leaving the scene of an accident is explained in Florida Statute 316.061 and Florida Statute 316.027 as:
- Any type of damage to property, as well as bodily injury or even death.
- The driver willfully decided to leave the scene without giving the identifying information under Florida law. Identifying information refers to the driver’s name, address, vehicle registration number, insurance information, and other contact details.
Under Florida law, a driver involved in an accident has specific legal obligations, including stopping at the scene, providing identifying information, and assisting anyone who is injured. Failing to fulfill these legal obligations can result in serious legal consequences.
The driver must have known that they were involved in a car accident in order to receive a charge of leaving the scene of an accident. In addition, they must be aware that they caused property damage or bodily injury as a result of the car accident. The legal duty to stop, provide information, and assist is mandatory, and failing to meet this duty constitutes a criminal offense under Florida law. If a driver fails to report property damage, then it is classed as a violation. If a car accident leads to bodily injury or the death of someone, then the driver must also make themselves available to offer support and take the necessary actions to help the injured person. If a driver fails to offer assistance to the injured person, then they will face serious consequences for their actions, including large fines, prison time, and more. In court, knowledge or intent can be established through circumstantial evidence, especially when there is no direct or eyewitness testimony.
Leaving the scene of an accident can result in criminal charges, even if it was a minor accident. This means that even in less serious collisions, a driver who fails to meet their legal obligations may face prosecution and penalties.
If you do not know what to do next, then you can speak to a hit-and-run accident lawyer from The Law Place today.
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A Driver’s Statutory Duties Involving Property Damage
A driver has to fulfill the following statutory duties after getting involved in a car accident that resulted in only property damage. These duties apply to all parties involved in the accident, including owners of unattended property such as a parked car:
- Stop – The driver has to stop their car as close as they can to the location of the car accident.
- Inform the owner – The driver has to inform the owner of the car that their property has been damaged. Then they have to collect their information like name, driver’s license, and vehicle registration number.
- Driver’s license – The driver has to reveal their license when the other driver or police officer asks.
- Identifying information – The driver has to give their name, license, address, vehicle registration number, and other identifying information to the police officers at the scene.
- Absent owner – The driver has to track down the owner of the car if they were absent from the accident when it happened. If the accident involves unattended property, such as a parked car, and the property owner cannot be located, the driver must leave a note with their name, address, and vehicle registration number in a conspicuous place for the owner to find, and report the incident to law enforcement.
- Law enforcement – The driver has to notify law enforcement of the car accident as soon as possible.
It is important to make a reasonable effort to identify and notify the property owner and to exchange information with all parties involved in the accident, especially when unattended property is damaged.
More information can be found in Florida Statute 316.061 and Florida Statute 316.063.
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A Driver’s Statutory Duties Involving Bodily Injury or Death
A driver has to fulfill the following statutory duties after getting involved in a car accident that resulted in bodily injury or death:
- Stop – The driver has to stop their car as close as they can to the location of the car accident.
- Inform the owner – The driver has to inform the owner of the car that their property has been damaged. Then they have to collect their information like name, driver’s license, and vehicle registration number.
- Driver’s license – The driver has to reveal their license when the other driver or police officer asks.
- Identifying information – The driver has to give their name, license, address, vehicle registration number, and other identifying information to the police officers at the scene.
- Reasonable assistance – The driver has a legal obligation to render aid and provide reasonable assistance to anyone injured in the accident. This includes calling emergency services, arranging or providing medical treatment, or making sure the injured person is transported to a hospital if necessary. The duty to provide reasonable assistance does not require medical expertise but does require taking reasonable steps to help injured parties as mandated by law.
- Law enforcement – The driver has to notify law enforcement of the car accident as soon as possible in the event that the injured person cannot receive the identifying information.
Serious bodily injury is defined as an injury that creates a substantial risk of death, serious permanent disfigurement, or loss or impairment of the function of any bodily member or organ. This level of injury increases the severity of legal consequences in hit-and-run cases.
More information can be found in Florida Statute 316.062 and Florida Statute 316.027.
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Emergency Services and Accidents: What to Do Immediately After a Crash
If you are involved in a hit and run accident in Florida, your first priority should always be safety. Move yourself and any passengers to a secure location away from oncoming traffic, if possible. Florida law requires drivers to remain at the accident scene, but if you are in immediate danger, prioritize your well-being before anything else.
Once you are safe, call 911 or emergency services right away. When speaking with the police officer, provide clear details about the accident scene, including the location, the number of vehicles involved, and whether anyone is injured. If you are the victim of a hit and run, try to remember and record as much information as possible about the fleeing vehicle—such as its make, model, color, and especially the license plate number. Even partial details can be crucial for law enforcement as they work to identify the at fault driver.
Promptly reporting the incident and cooperating with emergency services not only helps protect your health and safety but also strengthens your hit and run claim. The information you provide can be vital in helping law enforcement track down the fleeing vehicle and ensure that the responsible party is held accountable under Florida law.
Required Proof in a Hit and Run Accident
The prosecutor has to be able to prove all elements of hit and run charges to secure a conviction. Specifically, the prosecution must establish that:
- The driver was using the same motor vehicle that caused the car accident resulting in property damage, bodily injury, or death.
- The driver was aware or should have known that they were in a car accident.
- The driver was aware or should have known that the car accident leads to property damage, bodily injury, or death.
- The driver did not stay at the location of the accident, and they did not try to stop near the scene. Furthermore, the driver did not give the identifying information to the other driver or police officer, and they did not offer ‘reasonable assistance’ to the person who was injured.
Each hit and run case is unique and may involve different types of evidence and legal arguments.
Identifying information refers to the driver’s name, address, and vehicle registration number, as well as their driver’s license or permit upon the request of a police officer.
Defense attorneys may also examine the police reports and evidence for procedural mistakes in the investigation or prosecution of a hit and run case, which could benefit the defendant.
Gathering Evidence and Investigation in Hit and Run Cases
Building a strong hit and run claim starts with gathering solid evidence at the accident scene. If you are able, take clear photos of the property damage, any injuries, and the overall accident scene. These images can provide critical details that support your case and help establish the extent of your losses.
Witness statements are another powerful tool in hit and run investigations. If anyone saw the accident or the fleeing vehicle, ask for their contact information and encourage them to share what they observed with law enforcement. In many cases, nearby businesses or homes may have surveillance cameras, or you may have dashcam footage that captured the incident. This type of evidence can be instrumental in identifying the at fault driver and the fleeing vehicle.
A personal injury attorney can assist you in gathering and preserving all relevant evidence, interviewing witnesses, and working with law enforcement to build a compelling case. By acting quickly and methodically, you can help ensure that your rights are protected and that you have the best possible chance of recovering compensation for your injuries and property damage after a hit and run.
Consequences for a Hit and Run Accident
The consequences that a driver will face for leaving the scene of a car accident will depend on the damage caused:
- Hit and run accident involving property damage – A hit and run accident involving property damage is classed as a second-degree misdemeanor. The consequences will involve paying a $500 fine and spending up to sixty days in jail. Jail time is a possible consequence even for property damage in hit and run crashes.
- Hit and run accident involving injury – A hit and run accident involving injury is classed as a third-degree felony. The consequences will involve paying a $5,000 fine along with spending up to five years in prison or five years of probation. Loss of driving privileges, including suspension or revocation of the driver’s license, is a common penalty for these offenses.
- Hit and run accident involving death (fatal crash) – A hit and run accident involving death is classed as a first-degree felony. The consequences will involve paying a $10,000 fine along with spending up to thirty years in prison. However, if the driver was under the influence of alcohol or drugs at the time that they left the scene of an accident, then they will receive a minimum of two years in prison. In addition, their driver’s license will also be revoked by the court for all hit and run cases involving injury or death.
Run penalties for hit and run crashes in Florida are among the most severe in the country.
Defense Strategies to Hit and Run Accidents
There are a number of defense strategies that can be used to contest a hit-and-run charge in the State of Florida. The Law Place has successfully been able to reduce the charges and minimize the consequences of a hit and run accident by employing the following defense methods:
- The driver’s identity is unconfirmed.
- The driver lacked knowledge or awareness that a car accident happened.
- The driver lacked knowledge or awareness that there was a collision with another person’s car or property.
- The driver was in the middle of an emergency, and their failure to fulfill their statutory duties was not willful.
- The driver tried to stop their car as close as they could to the scene of the car accident.
- The other driver refused to receive the identifying information from them.
- The other driver behaved in a hostile and belligerent manner. They forced the driver to leave the location of the car accident to find law enforcement.
- The driver gave assistance to the injured person that was ‘reasonable’ within the meaning of the Florida statute.
- Mistaken identity, where the defendant’s involvement is challenged due to lack of direct evidence such as surveillance footage or witness testimony.
A hit and run charge does not always result in a conviction, even without a viable defense in the State of Florida. However, a hit-and-run accident lawyer from The Law Place will be able to make all the difference in your case. A skilled defense attorney may also be able to negotiate for reduced charges or alternative sentencing options to minimize the legal penalties and impact on your record.
If you contact a hit-and-run accident lawyer from our law firm now, we will make quick contact with the prosecutor in order to negotiate a lenient resolution to your case that will help you to avoid a permeant criminal record and avoid spending time in jail.
Hit and Run Accident Examples
Not every hit-and-run accident will have the same outcome. The facts and circumstances of a hit-and-run crash, including details about the vehicle involved, will change from one case to the next, and a skilled lawyer will work out all of the details of your accident in order to develop a strategy that will achieve success in the courtroom. Here are two of the most common examples of a hit and run accident, including situations where the driver leaves the scene:
Example One
Leslie is checking her phone while driving, and she accidentally runs past a stop sign by failing to pay attention to the road in front of her. Leslie’s negligence leads to her crashing into Ben’s car while he was traveling legally through the intersection. Ben’s car is run off the road and hits a lamppost.
Leslie can see Ben through the window in her car, and he is still conscious and moving around inside of his car. In a moment of panic, Leslie decides to drive away from the location of the accident instead of getting out of her car to help Ben and fulfill her statutory duties under Florida law. Ben acts quickly and uses his phone to take photographs of Leslie’s car as she leaves the scene of the accident.
A few weeks later, Leslie thinks that she ran away from the accident without being seen. However, police officers arrive at her house to charge and arrest her for leaving the scene of the accident and failing to fulfill her statutory duties. The good news is that Ben did not suffer a serious injury, but Leslie will face the consequences of her actions by receiving a fine and possibly going to prison for a time.
In this case, a knowledgeable lawyer from The Law Place will offer their services to defend Leslie in the courtroom. They will work hard to reduce the charges and decrease the severity of the consequences for the hit-and-run accident. Furthermore, they will make sure that Leslie does not receive an unfair charge for her actions.
Example Two
Ann is driving around a lake that is usually occupied by pedestrians and cyclists in the neighborhood. In a single moment, Ann is distracted by a bird flying over the lake, and she collides with a cyclist. Ann starts to panic, and she thinks about all of the points that she has already accumulated on her driver’s license over the years. Ann is scared to lose her license, so she drives away without helping the injured cyclist and fails to fulfill her statutory duties under Florida law.
Ann believes that she managed to get away without being seen. The innocent cyclist, Chris, has been hospitalized to receive medical attention for the serious injury that he sustained as a result of the hit and run accident. The good news is that there were witnesses to the hit-and-run accident, and they gave testimonies to help in the search for Ann.
A few weeks later, Chris decides to file a personal injury claim against Ann for the hit and run accident in order to receive compensation for the injury and property damage that he had to endure as a result of her negligence. The judge and jury rule in Chris’ favor in the end.
Ann has to pay compensation for all of the injuries and property damage that Chris sustained in the hit-and-run accident now. Furthermore, she received a hefty fine for failing to fulfill her statutory duties and inflicting pain and suffering on an innocent cyclist.
Rights and Options for Victims of Hit and Run Accidents
Victims of hit and run accidents in Florida have important rights and several avenues for seeking justice and compensation. If law enforcement is able to identify the at fault driver, you may file a claim against their insurance to recover damages for medical expenses, lost wages, and property damage resulting from the run accident. In situations where the responsible party cannot be found, Florida law allows you to turn to your own uninsured motorist coverage to help cover your losses.
The legal consequences for the at fault driver can be severe, especially if the hit and run accident resulted in serious consequences such as bodily injury or death. Depending on the circumstances, felony charges—including second degree felony or first degree felony—may apply, and victims may be eligible for additional compensation. Navigating these complex legal issues can be challenging, which is why consulting with a defense attorney or personal injury attorney is essential. They can help you understand your rights, evaluate the legal consequences, and guide you through the process of filing a hit and run claim or negotiating a plea deal if necessary.
Whether you are facing mounting medical expenses or dealing with the aftermath of property damage, a skilled attorney can help you pursue the compensation you deserve and ensure that your interests are protected throughout the legal process. Don’t hesitate to seek legal advice after a hit and run accident—your rights and recovery may depend on it.
Can I Be Charged if I Witnessed an Accident and Left the Scene?
If you saw a hit-and-run accident happen and decided to leave the scene, then you do not need to worry. You do not have a legal obligation to stay at the scene of an accident that you did not cause. However, it is right to stop when you witness an accident, especially if it happened in an empty parking lot or street.
If you witnessed another driver leave the scene of an accident, then you should use your phone to call 911 to help the person that they injured. You may be asked to provide information for police reports, as investigators rely on witness accounts to gather evidence after a hit-and-run or traffic incident. In addition, you could be asked to testify in court or offer a witness statement of the accident later. Providing your support can help hit and run victims receive justice and navigate the complexities of their legal options. However, you should not have to dramatically change your schedule for an accident that you did not cause, but your time and support could significantly help the life of an innocent person who was involved in a hit-and-run accident.
The Role of a Car Accident Lawyer
The car accident lawyers at The Law Place have the necessary experience and knowledge to defend against all types of hit and run accidents in the State of Florida. Florida drivers facing hit and run charges should seek experienced legal counsel to protect their rights and navigate the complex legal responsibilities, penalties, and insurance considerations involved. Our law firm knows that every case is different from the next, and we will offer you the support and guidance that you need in order to make the right decisions in regard to your accident.
Here are a few of the main responsibilities that we have:
- We will conduct an investigation into your case.
- We will gather and review all forms of evidence.
- We will speak to people who witnessed the accident.
- We will deal with the relevant paperwork.
- We will negotiate with the prosecutor in order to decrease the charges or call for a dismissal of the case.
- We will build a strong defense for your case.
- We will help you to avoid a criminal conviction.
Contact The Law Place Today!
If you or someone you know were involved in a hit-and-run accident, then you should seek legal counsel with a car accident lawyer now. It is a serious offense to leave the scene of an accident without fulfilling the necessary statutory duties under Florida law. Florida’s strict hit and run laws are designed to protect victims and ensure accountability for those harmed in these incidents. If a driver flees the location of a crash, then they will most likely face a misdemeanor or possibly even a felony, depending on the severity of the case.
At The Law Place, we have over seventy-five years of combined experience when it comes to working on hit and run cases throughout the State of Florida. Our law firm has managed hundreds of hit and run accidents over the years, including ones that have resulted in property damage, bodily injury, or even death.
We have an in-depth understanding of the law surrounding hit-and-run cases, and we can guide you through the legal system with skill and efficiency in the State of Florida. If you choose us to represent your case, then we will conduct an investigation into the accident, collect facts and evidence, speak to law enforcement for more information, negotiate with insurance companies, contact people who witnessed the incident and develop a strong case. Rest assured that we will explore every possible option in an effort to achieve a reasonable outcome for your accident.
If you have questions or concerns in regard to a hit and run accident, then you should call our office now. A car accident lawyer will be ready to talk you through the process and answer all of your questions. They will also offer you legal advice during a free consultation to help you make the right decisions in regard to your case. Our phone lines are available twenty-four hours a day, seven days a week so that we can be there for you when you need to talk the most.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.