Leaving the scene of a crash, what many folks call a hit and run, is a crime in Florida even when the only thing damaged is a bumper. Drivers are often shocked to learn that pulling away from a minor collision, or coming home and reporting it the next day, can turn a civil insurance matter into a criminal charge.
The Duty the Law Puts on You
Under sections 316.061 and 316.062, a driver involved in a crash that damages a vehicle or property has to stop at the scene or as close as possible, stay there, and give a name, address, and vehicle registration, and show a license on request, to the other driver or owner. If the other car or property is unattended, such as a parked car, section 316.063 requires you to find the owner or leave a written notice and then report the crash to law enforcement. The purpose is exchange of information, not an admission of fault.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in the state. A criminal traffic case is won in two places, at the stop and on the element the State has to prove, whether that is a willful and wanton state of mind, actual knowledge of a suspension, or knowledge that an officer was ordering you to stop. I push on both. Learn more about my background.
Property Damage Is a Misdemeanor, Injury or Death Is a Felony
When a crash causes only property damage, leaving the scene is a second-degree misdemeanor. The charge becomes far more serious the moment a person is involved. Leaving the scene of a crash with injury, serious bodily injury, or death is charged as a felony under section 316.027, with exposure measured in years and a mandatory revocation of the license. Those charges are handled in our serious-felony section, including leaving the scene with injury and leaving the scene involving death.
| What the crash involved | Statute and degree | Maximum penalty |
|---|---|---|
| Property damage only | 316.061, second-degree misdemeanor | Up to 60 days in jail and a $500 fine, plus possible restitution |
| Injury to a person | 316.027, third-degree felony | Up to 5 years in prison and a $5,000 fine |
| Serious bodily injury | 316.027, second-degree felony | Up to 15 years in prison and a $10,000 fine |
| Death | 316.027, first-degree felony | Up to 30 years in prison, with a 4-year mandatory minimum |
Source: sections 316.061 and 316.027, Florida Statutes. The injury and death charges are covered in our serious-felony section. Statutes and penalties last verified June 2026.
Knowing Is the Element That Decides These Cases
The State has to prove you were the driver, that you knew or reasonably should have known a crash happened, and that you willfully failed to stop and exchange information. That knowledge element is the soft spot. A driver who did not feel a low-speed contact, did not realize anything was damaged, or did not know a person was involved has a real defense, because the crime is the knowing failure to stop, not the crash itself.
One Accident Is One Charge
Prosecutors sometimes stack counts when one crash involved several cars. Florida courts have rejected that, holding in Yeye v. State, 37 So. 3d 324 (Fla. 4th DCA 2010), that the unit of prosecution is the accident, not the number of vehicles or victims, so a single decision to leave a single chain-reaction crash is one offense. Multiple convictions out of one accident can violate double jeopardy.
How We Defend a Leaving-the-Scene Charge
We test what you knew, whether the State can prove you were the driver, and whether the stop and the investigation were lawful. On a property-damage case we also work the practical side, addressing restitution and pushing for a withhold or a dismissal, because a conviction here is a criminal record that insurers and employers see.
Common Questions
Is leaving the scene of an accident a crime in Florida if it was just a fender bender?
Yes. Under section 316.061, leaving the scene of a crash that causes only property damage is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. It is a criminal charge even when no one is hurt, which surprises many drivers who assumed a minor crash was a civil matter.
What am I required to do after a crash in Florida?
You must stop at the scene or as close as possible, remain there, and give your name, address, and vehicle registration, and show your license on request, to the other driver or owner. If the other vehicle or property is unattended, you must locate the owner or leave a written notice and then report the crash to law enforcement.
When does leaving the scene become a felony?
When the crash involves a person, not just property. Leaving the scene of a crash involving injury is a third-degree felony, serious bodily injury raises it further, and leaving the scene of a crash involving death is a first-degree felony with a mandatory minimum sentence. Those injury and death charges are handled in our serious-felony section.
What does the State have to prove?
That you were the driver, that you knew or should have known a crash occurred, and that you willfully failed to stop and give the required information. The knowledge element is often the weak point, because a driver may not have known a crash happened or may not have known anyone or anything was damaged.
Can I be charged with several counts if I hit several cars?
Generally no. Florida courts have held that the unit of prosecution is the accident, not the number of vehicles or victims, so a single decision to leave a single crash is one offense even if several cars were involved. Multiple convictions from one accident can violate double jeopardy.
Related: Misdemeanor traffic offenses, Reckless driving, Leaving the scene with injury, and The stop and the defense.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The offenses discussed in this section are governed by sections 316.192, 322.34, 316.061, 316.191, 322.03, and 316.1935, Florida Statutes, among others, and the law changes, so penalties should be confirmed against the current statute. Every case turns on its own facts, and past results do not guarantee a similar outcome.
