Hit and Run Laws in Wisconsin (2026): Penalties Are Harsher Than You Think
Most people think hit and run only applies to major crashes. Wrong. In Wisconsin, even bumping an empty car in a parking lot counts. Leave without a note? That’s a crime. The penalties can be brutal, and they escalate fast depending on what happened.
Let’s break down exactly what you need to know about Wisconsin’s hit and run laws.
What Counts as Hit and Run in Wisconsin?
Here’s the deal. A hit and run happens whenever you leave an accident scene without doing what you’re legally required to do. Pretty straightforward.
Wisconsin has three main hit and run laws. Each one covers different situations. They’re all found in Wisconsin Statutes 346.67, 346.68, and 346.69.
The basic rule? If you’re in any kind of crash, you have to stop. Doesn’t matter if it’s your fault or not. You stop, you exchange info, you help if someone’s hurt. Simple as that.
When You Must Stop and Stay
Okay, this part is important. You must stop and remain at the scene if your accident involves any of these things:
You hit another person. This includes pedestrians, bicyclists, anyone. If you strike a person, you stop. No exceptions.
You hit an occupied or attended vehicle. Someone’s sitting in the car or standing nearby? You stay put.
You hit property worth $1,000 or more. That includes parked cars, buildings, fences, mailboxes. Anything.
Someone gets injured or killed. Obviously, you don’t leave if someone’s hurt.
Not sure what counts as an injury? Wisconsin law defines it as anything requiring first aid or medical attention. Even if the person doesn’t actually get treatment, if they needed it, that’s an injury.
Your Legal Duties After an Accident
Sound complicated? It’s actually not. Wisconsin law spells out exactly what you need to do. Let me break it down.
If You Hit a Person or Attended Vehicle
First, you stop as close to the scene as possible. Don’t block traffic more than necessary, but you need to be there.
Then you do four things:
Give your name and address to everyone involved. This includes people you hit, other drivers, passengers who ask, anyone.
Provide your vehicle registration number. They need to know what car you were driving.
Show your driver’s license if requested. Keep it handy.
Give reasonable assistance to injured people. This could mean calling 911, helping them get to a doctor, whatever’s reasonable. You’re not expected to perform surgery, but you can’t just walk away from someone bleeding on the ground.
Hold on, this part is important. Even if someone appears fatally injured, you still have these duties. Wisconsin courts have ruled that even instantaneous death doesn’t excuse you from helping.
If You Hit an Unattended Vehicle
Hit a parked car with nobody around? You still can’t just leave. Wisconsin Statute 346.68 covers this.
You have two options:
Find the owner and tell them what happened. Give them your name, address, and vehicle registration.
Leave a note if you can’t find the owner. Put it somewhere obvious on their car. Include your name, address, registration number, and what happened.
Wondering if this applies to you? If you dinged someone’s door in a parking lot and nobody saw it, yes, it applies. Leave a note.
If You Hit Property
Knocked over a mailbox? Scraped a fence? Hit a street sign? Wisconsin Statute 346.69 says you need to find the property owner.
Take reasonable steps to locate them. Give them your info. Show them your license if they ask.
When You Must Report to Police
Not every fender bender needs a police report. But some do, and you need to know which ones.
You must immediately notify police if:
Anyone was injured or killed. Call right away.
Damage totals $1,000 or more to any one person’s property. This includes vehicles and other property combined.
You damaged government property worth $200 or more. Lower threshold for public property.
What’s the penalty for not reporting? We’ll get to that in a minute, but trust me, it’s not worth skipping this step.
Penalties for Hit and Run in Wisconsin
Here’s where things get serious. The penalties depend on what happened in the accident.
Property Damage Only (No Injuries)
If you leave the scene and nobody got hurt, you’re looking at:
A fine between $300 and $1,000. The minimum is $300, so even first-time offenders pay.
Up to 6 months in jail. Or both the fine and jail time.
This applies when damage exists but no one was injured.
Accident with Injuries (Not Great Bodily Harm)
Someone got hurt but not seriously? The penalties jump way up:
Fine up to $10,000. That’s a massive increase.
Up to 9 months in jail. Or both.
This is automatically a felony. Yep, even minor injuries make it a felony charge.
Great Bodily Harm
If someone suffered serious injuries, you’re facing a Class E felony. That means:
Up to 15 years in prison. This is no joke.
Fines up to $50,000. Plus restitution to victims.
Great bodily harm means significant injury. Broken bones, permanent damage, stuff like that.
Accident Resulting in Death
Someone died and you left? Class D felony:
Up to 25 years in prison. Quarter century behind bars.
Fines up to $100,000. Plus you’ll owe massive restitution.
This is probably the most serious traffic offense you can commit.
Hit and Run on Unattended Vehicle or Property
Left the scene after hitting a parked car? If you’re caught, you could forfeit up to $1,000. That’s on top of paying for damages.
It’s still serious even though there’s no criminal charge in most cases.
Special Rules and Exceptions
Wait, it gets better. Wisconsin has some specific rules you should know about.
Where Do These Laws Apply?
You’re gonna love this one. Hit and run laws don’t just apply on public roads. They also cover:
Public parking lots. Shopping centers, parking garages, anywhere open to the public.
Employee parking areas. Your work parking lot counts.
Apartment building parking. Buildings with 4 or more units.
Private driveways and farm parking? Generally no, those are exempt. But if you lose control on a highway and crash on someone’s private property, the law still applies.
The “I Didn’t Know I Hit Anything” Defense
Can you claim you didn’t realize you were in an accident? Maybe, but it’s tough.
Wisconsin law says you must “reasonably investigate what was struck.” So if you felt a bump, you need to stop and check. You can’t just assume everything’s fine.
Honestly, this defense rarely works. Courts aren’t sympathetic to drivers who claim they had no idea they sideswiped another car.
Vehicle Owner Liability
Here’s an interesting twist. Even if you weren’t driving, you might still get cited.
If your car was involved in a hit and run, you as the owner can be held liable. The exception? You can avoid liability by telling police who was actually driving.
You have to provide their name, address, and enough info for police to find them. Do that, and they get charged instead of you.
What Happens If You’re the Victim?
Getting hit by someone who takes off is incredibly frustrating. But you’re not completely out of luck.
Steps to Take Immediately
Call 911 right away. Report the accident even if the other driver fled.
Document everything you can. Get the license plate if possible. Note the car’s color, make, model. Any detail helps.
Look for witnesses. Someone might have seen what happened or caught it on dash cam.
Take photos of the damage. Your car, the scene, any debris left behind.
Your Insurance Coverage
Most people don’t realize how critical this is. Wisconsin requires all car insurance policies to include uninsured motorist coverage.
The minimum is $25,000 per person for bodily injuries. But here’s the catch. That minimum won’t cover your property damage.
If you want full protection after a hit and run, consider buying higher uninsured motorist limits. It costs more upfront but saves you if someone runs.
Your insurance becomes like an adversarial party when you file a claim. They’ll try to minimize what they pay you. That’s just how it works.
Time Limits for Claims
You have three years to file a lawsuit for hit and run injuries. Three years for property damage claims too.
Don’t wait. Evidence disappears, memories fade, witnesses move away. Start the process sooner rather than later.
How to Report a Hit and Run
Saw someone commit a hit and run? You can report it within 24 hours. Call the local police or sheriff’s department where it happened.
Provide as much detail as possible:
Time and location of the accident Description of the vehicle (color, make, model, license plate) What you saw happen Any property damage you noticed
Police have 72 hours to investigate your report and potentially cite the vehicle owner.
Recent Developments in Wisconsin
Wisconsin lawmakers are taking reckless driving seriously. In 2025, they proposed requiring repeat offenders to install speed limit devices in their vehicles.
The devices would cost about $1,700 per year. Drivers with two or more reckless driving offenses within five years would have to pay for and use them.
This came after several high-profile hit and run deaths across the state. Lawmakers are looking for ways to prevent these tragedies.
What to Do If You’re Charged
Facing hit and run charges in Wisconsin? Don’t panic, but don’t ignore it either.
Contact an Attorney Immediately
Hit and run charges, especially felonies, require professional legal help. A lawyer can:
Review the evidence against you Challenge the charges if appropriate Negotiate reduced penalties Protect your rights throughout the process
Personally, I think this is the most important step. Don’t try to handle felony charges alone.
Possible Defenses
Your attorney might argue:
You didn’t know an accident occurred. Hard to prove but sometimes valid.
You weren’t the driver. Mistaken identity happens.
You did stop and exchange information. Maybe there’s a misunderstanding.
The accident didn’t meet reporting thresholds. Perhaps damage was under $1,000.
These defenses work sometimes. Not always, but they’re worth exploring with a lawyer.
License Consequences
Beyond criminal penalties, your driving privileges are at risk. Hit and run convictions can lead to:
License suspension or revocation Points on your driving record (6 points for most hit and runs) Increased insurance rates for years
The DMV handles these separately from the criminal case.
How to Avoid Hit and Run Charges
You’re not alone, this confuses a lot of people. Here’s how to stay out of trouble.
Always Stop After Any Collision
Feel a bump? Stop and check. Seriously. Even if you think it’s nothing, pull over safely and investigate.
Better to stop for a false alarm than face criminal charges for leaving.
Exchange Information Properly
Write down the other person’s:
Name and address Phone number Insurance company and policy number License plate
Give them yours too. Take photos of their license and insurance card if they’ll let you.
Call Police When Required
Any injury? Call immediately.
Damage over $1,000? Call.
Not sure if you should call? Call anyway. Better safe than sorry.
Stay Calm
Accidents are stressful. People panic. That’s when they make bad decisions like leaving the scene.
Take a breath. You’ve got this. Handle it properly and you’ll be fine.
Frequently Asked Questions
What if I didn’t realize I was in an accident until later?
You’re still required to report it as soon as you become aware. Contact police immediately and explain what happened. Waiting won’t help your case.
Can I be charged with hit and run if the other driver left first?
No, if they left the scene, you’re not required to stay indefinitely. But you should still report the accident to police and your insurance company.
What if the other person said not to call police?
Doesn’t matter what they want. If the law requires reporting, you must report. Don’t let someone else’s request put you at legal risk.
How long do hit and run convictions stay on my record?
Forever in Wisconsin. They don’t come off your criminal record. That’s why fighting these charges matters so much.
What if I can’t afford the fines and restitution?
Courts can set up payment plans, but you still owe the money. Talk to your attorney about options. Ignoring court-ordered payments leads to more legal trouble.
Final Thoughts
Hit and run laws in Wisconsin are strict for a reason. People get hurt. Property gets damaged. Victims deserve to know who’s responsible.
The rules are actually pretty simple. Stop after any accident. Exchange information. Help injured people. Call police when required. Do these things and you won’t face charges.
If you do make a mistake and leave a scene, contact an attorney right away. The sooner you address it, the better your options.
Now you know the basics. Stay informed, drive carefully, and if you’re ever in doubt about what to do after an accident, err on the side of caution. Stop, stay, and handle it properly.
References
- Wisconsin Legislature: Chapter 346 – Rules of the Road – https://docs.legis.wisconsin.gov/statutes/statutes/346
- Wisconsin Statute 346.67 – Duty upon striking person or attended vehicle – https://docs.legis.wisconsin.gov/statutes/statutes/346/xi/67
- Wisconsin Statute 346.74 – Penalties for hit and run violations – https://law.justia.com/codes/wisconsin/chapter-346/section-346-74/
- Wisconsin Department of Transportation – Accident Reporting – https://wisconsindot.gov/Pages/home.aspx
- Hupy and Abraham – Wisconsin Hit and Run Laws – https://www.hupy.com/faqs/what-do-i-need-to-know-about-wisconsin-hit-and-run-laws.cfm