Florida Hit and Run Laws in 2026: What Gets You in Trouble

Most people have no idea how serious this is. Seriously. A lot of folks think leaving the scene of an accident isn’t that big of a deal. But in Florida, hit and run laws are strict, and they can turn a bad situation into a criminal nightmare. Let’s break down exactly what you need to know.

Florida gets over 100,000 hit-and-run crashes every year. That’s about one in every four accidents. And the penalties? They just got way harsher in 2025. You’re gonna want to read this one carefully.

What Is a Hit and Run?

A hit and run happens when you leave the scene of a car accident without stopping. It sounds simple. But here’s what it actually means legally.

You’re involved in a crash. You damage property. You hurt someone. Or worse—someone dies. The law says you MUST stop. You must give your name, address, and insurance information. You must stay and help if anyone needs medical attention. Leaving instead? That’s a crime.

Right? Pretty straightforward, but a lot of people get confused about the details. The law doesn’t care if you caused the accident. You still have to stop and exchange information. It doesn’t matter if the damage looks minor. You’re still breaking the law by leaving.

Your Legal Duty at the Scene

Here’s what you MUST do when you’re in an accident in Florida:

Stop immediately at the scene. Or as close to it as possible. You can’t just keep driving.

Give your information to the other person. That means your name, address, phone number, and driver’s license. If they ask for it, you give your insurance information too.

Offer help if someone is hurt. Call 911 if needed. Render aid if you can. This is super important.

Report to police if required. If you hit someone’s car or property and the owner isn’t there, you must find a police officer and report it. Same if someone’s injured. The rules are strict here.

Not sure what counts as a violation? Here’s the thing: Florida law says ANY accident involving property damage, injury, or death requires you to stop and comply. There’s basically no wiggle room.

Basic Hit and Run Laws: Property Damage Only

Basic Hit and Run Laws: Property Damage Only

Let’s start with the least serious level. You hit someone’s car. The damage isn’t huge. Nobody’s hurt. You panic. You leave.

That’s a second-degree misdemeanor in Florida. It’s still a crime. Really. Not just a civil traffic ticket—an actual criminal charge.

What you could face:

  • Up to 60 days in jail
  • A fine of $500
  • Your driver’s license can be suspended

Now, here’s where it gets tricky. Starting October 1, 2025, hit-and-run cases involving property damage have a NEW rule. Courts can now order you to pay restitution. That means you pay the victim back for their losses. Their repairs. Rental car costs. Lost wages from dealing with the accident.

Okay, pause. Read this carefully. That restitution can add thousands of dollars on top of any other penalties.

Hit and Run Laws: When Someone Gets Hurt

This is where things get serious. Someone’s injured but not critically. Maybe they have a broken arm. Maybe they have bumps and bruises. You leave anyway.

That bumps it up to a third-degree or second-degree felony. Felonies are way worse than misdemeanors. This changes your entire life.

For a third-degree felony (less serious injury):

  • Up to 5 years in prison
  • A fine up to $5,000
  • Your license gets revoked for at least 3 years

For a second-degree felony (serious bodily injury):

  • Up to 15 years in prison
  • A fine up to $10,000
  • Your license gets revoked for at least 3 years

And there’s more. When your license comes back, you can’t just start driving. You have to complete a 12-hour Advanced Driver Improvement Course first. You’ll also be on probation. That means regular check-ins, following strict rules, all that.

A friend asked me about this last week. She thought leaving meant just a big fine. When I told her about the prison time, she was shocked. Don’t be that person.

The Worst Case: Hit and Run with Death

The Worst Case: Hit and Run with Death

This one’s probably the most important rule to understand. If your hit and run causes someone to die, Florida treats it as a first-degree felony. These are the most serious charges you can face besides murder.

If convicted, you face:

  • A minimum of 4 years in prison
  • Up to 30 years in prison
  • A fine of $10,000
  • Your license is revoked for at least 3 years

Some of those years are mandatory. That means the judge can’t sentence you to less. Even if they want to be lenient, they can’t. You’re looking at prison time no matter what.

Think of it like this: a driver who stays at the scene after hitting someone might face a DUI charge. That’s usually a first-degree misdemeanor. That’s up to 1 year in jail. But if that same driver leaves the scene? Suddenly they’re looking at years in prison instead of months. Leaving makes everything exponentially worse.

Hold on, this part is important. Florida passed what’s called the Aaron Cohen Life Protection Act back in 2014. It’s named after a cyclist who was killed by a drunk driver who fled the scene. The driver served only 2 years. The law said that’s not enough. Now leaving an accident scene that causes death carries a much harsher minimum sentence.

The 2025 Law Changes You Need to Know About

Okay, here’s where it gets interesting. Florida made hit and run laws even stricter starting October 1, 2025. This is brand new, and it matters a lot.

House Bill 479 is the big one for hit-and-run cases. It now requires courts to order restitution in property-damage-only hit-and-run cases. Remember when I mentioned restitution earlier? This makes it mandatory. You’re paying the victim back for car repairs, rental costs, and other losses they suffered because you left.

But wait, there’s more to know. Other bills that took effect at the same time can pile on additional charges if your hit and run gets complicated. For example, if you used license plate covers to hide your tags, or special lights to avoid detection, you’re now facing separate felony charges under House Bill 253. Those charges come on top of the hit and run charges themselves.

This one’s probably the most important rule most people miss. The stacking of charges means your legal troubles multiply fast. One incident can turn into multiple felony counts.

When Police Can Track You Down

Wondering how police catch hit-and-run drivers? Actually, they’re getting better at it every year. Security cameras are everywhere. Traffic cameras. Parking lot footage. Witness descriptions. Cell phone data. The works.

License plate readers are automatic cameras that photograph your license plate. Traffic cameras can capture your vehicle’s make and model. Witnesses write down details. Surveillance video from nearby businesses helps identify you.

Modern investigations are detailed. Police can track your movements. They can check if your car has damage matching the victim’s. They can pull phone records showing where you were. It’s not easy to get away with it.

Penalties and Consequences

Let’s break this down clearly. The penalties depend on what happened in the accident.

For property damage only: You face misdemeanor charges, fines up to $500, jail up to 60 days, license suspension, and now mandatory restitution to repair the victim’s property.

For injury cases: You face felony charges, fines up to $5,000, prison up to 5 years, mandatory license revocation (3 years minimum), and required driver improvement courses before license restoration.

For death cases: You face first-degree felony charges, fines of $10,000, mandatory prison (minimum 4 years, maximum 30 years), and permanent license revocation for at least 3 years.

But that’s not all. A criminal conviction goes on your record forever. Employers can see it. Landlords can see it. Schools can see it. Loans become harder to get. Professional licenses get denied. Housing applications get rejected. The collateral damage goes way beyond the courtroom.

Special Circumstances and Exceptions

Now, this gets interesting. Are there situations where you might have a valid defense? Possibly. But they’re rare.

Medical emergency: If you had a sudden medical event (heart attack, seizure) right at the accident, a lawyer might argue you weren’t in control. You’d need medical evidence though.

You didn’t know you hit anything: In really minor fender-benders, a driver might argue they didn’t feel or hear the impact. This defense is tough to prove but technically possible.

Mistaken identity: If police can’t prove YOU were the driver, charges could be challenged. Video evidence, witness testimony, and vehicle records matter here.

Honestly, I think most people try these defenses and lose. The law is pretty strict about personal responsibility at accidents. Prosecutors have strong evidence in most cases. A lawyer can help, but these defenses are uphill battles.

What Happens During the Legal Process

If you’re arrested for hit and run, here’s roughly what happens. Police take you in for questioning. They read you your rights. You get a chance to call a lawyer. Then comes the charging decision.

The state attorney’s office decides what charges to file. They might charge you based on what they can prove. Your lawyer can negotiate. Maybe plea deals get offered. Maybe charges get reduced. But if the case goes to trial, the state has to prove guilt beyond a reasonable doubt.

Don’t try this alone. Seriously. Get a lawyer immediately. Florida has public defenders for people who can’t afford lawyers. But if you can afford one, a criminal defense attorney with experience in hit-and-run cases can make a huge difference in outcomes.

How to Comply: What to Do If You’re in an Accident

Okay, practical advice time. You’re in an accident. You need to do the RIGHT thing. Here’s your step-by-step guide.

Step 1: Stop your vehicle immediately. Don’t leave. Even if you’re scared. Even if your car is damaged. Stop.

Step 2: Turn on your hazard lights. Warn other drivers. It’s safer for everyone.

Step 3: Check if anyone’s injured. Look at your car. Look at the other vehicle. Look around for pedestrians. If anyone needs help, call 911.

Step 4: Get out safely if possible. Make sure you’re not in traffic. Don’t stand in the middle of the road.

Step 5: Exchange information. Get the other driver’s name, phone number, address, driver’s license number, insurance company, and policy number. Write it down. Get their license plate. Take photos of their car and ID if you can.

Step 6: Get witness information. If anyone saw the accident, ask for their contact information. Get their names and phone numbers.

Step 7: Take photos and video. Photograph the accident scene. Both vehicles. The damage. Road conditions. Traffic signs. Everything. This helps everyone later.

Step 8: Call police if required. If there’s injury or significant property damage (over $500), you’re legally required to report to police. Call them. Give them accurate information.

Step 9: Call your insurance company. Report the accident to your insurer. Give them the facts. Don’t admit fault—just describe what happened.

Step 10: Keep records. Keep copies of police reports. Insurance documents. Medical records if injured. Medical bills. Repair estimates. Everything.

Honestly, this is the part most people miss. Stop and do it right, even though it’s inconvenient. It’s way better than criminal charges.

If You’re a Hit-and-Run Victim

Sound complicated? It is. You’re not alone though. This confuses a lot of people.

If you were hit and the other driver left, report it immediately. Call police. Get an accident report number. Take photos of your vehicle’s damage. Get witness names if any saw the crash.

Your own insurance (called PIP—Personal Injury Protection) covers your medical bills and lost wages, even if the hit-and-run driver is never found. That’s Florida’s no-fault insurance system.

If the driver is later identified, you can pursue civil claims against them. That means suing for additional damages beyond what insurance covers. Diminished value. Pain and suffering. Long-term medical care. A personal injury attorney can help with this.

Reporting a Hit-and-Run Crime

If you witness a hit and run, you can help. Do it anonymously if you’re worried. Here’s how:

Call the Florida Highway Patrol dispatch: #FHP (that’s #347 on your phone)

Or call Florida Crime Stoppers anonymously: #TIPS (that’s #8477)

You can also use the Florida Crime Stoppers app (free on Apple and Google Play stores).

Give them vehicle details if you have them. Make. Model. Color. License plate if visible. Direction the vehicle went. That information helps police find the responsible driver.

Frequently Asked Questions

What if I’m hit by a car and the driver leaves without giving me their information?

Report it to police immediately and provide as much detail as possible about the vehicle and driver. Even partial information helps. Your own insurance covers your injuries through PIP. If the driver is later found, you can sue for additional damages.

Can I get a hardship license during suspension?

After a hit-and-run conviction, you can’t get a hardship license until you complete the 12-hour Advanced Driver Improvement Course. Some cases allow hardship licenses for work or medical appointments, but you have to petition the court.

Will a hit-and-run charge follow me forever?

Yes. Criminal convictions don’t disappear. They’re on your record for life in Florida. Employers, landlords, and schools can see them. In some cases, you might be eligible for “expungement” (record sealing), but that’s complicated. Talk to a lawyer about your specific situation.

Is it worse to leave the scene than to stay?

Yes. Absolutely. Leaving turns a traffic accident into a crime. If you stayed, you’d face civil liability and possibly a traffic citation. You’d cooperate with police. Leaving escalates everything into felony territory with prison time. Stay at the scene. Always.

What if the other driver was at fault?

Doesn’t matter. You still have to stop and exchange information. You can dispute fault later with insurance or in court. But leaving the scene is a crime regardless of who caused the accident.

What if I accidentally hit a parked car?

You MUST leave a note with your information. Your name, phone number, and insurance details. Under Florida law, Section 316.063, this is required. If the owner isn’t around to receive your information, leaving a note satisfies the legal requirement. Don’t just leave without anything.

Final Thoughts

Now you know the basics. Florida’s hit-and-run laws are serious. The penalties are harsh. The 2025 changes made them even tougher.

Here’s the bottom line: if you’re in an accident, stop. Exchange information. Call the police if needed. Offer help. Do the right thing. It takes maybe 15 minutes. Leaving takes seconds. But those seconds can cost you years in prison, thousands in fines, and a permanent criminal record.

If you’re charged with hit and run, get a lawyer immediately. Don’t talk to police without one. The early decisions in your case matter a lot. A good attorney can sometimes negotiate better outcomes.

If you’re a victim, report it. Get a police report. Document everything. Your insurance covers immediate expenses. A lawyer can help you pursue additional compensation.

Stay informed. Stay safe. And when you’re on Florida roads, remember: one accident is bad. Leaving the scene is catastrophic. Stop and do it right.

References

Leave a Reply

Your email address will not be published. Required fields are marked *