Former State Prosecutor Defending Your Rights
As Seen On
Understanding Florida HitandRun Law | Pallegar Law
1. What Is a HitandRun in Florida?
Under Florida law, leaving the scene of a crash—commonly called a “hitandrun”—is prohibited whether the incident involves property damage, injury, or death. Florida Statute § 316.061 requires every driver involved in an accident to immediately stop at the scene—even if on private property—and provide required information to other parties involved.
You must:
- Stop as close as possible without causing unnecessary obstruction.
- Exchange your name, address, vehicle registration, and insurance information.
- Render aid or seek medical help if someone is injured, including calling 911.
If one fails any of these duties, the offense is legally considered leaving the scene of an accident.
2. Classification and Penalties
A. Property Damage Only
- Classified as a seconddegree misdemeanor.
- Penalties include up to 60 days in jail and a $500 fine.
- License may be suspended at court’s discretion.
B. Crash Involving Injury
- Charged as a thirddegree felony if injuries are not serious; if serious bodily injury occurs, upgraded to a seconddegree felony.
- Penalties range from up to 5 years in prison, fines up to $5,000, and mandatory license revocation for at least 3 years.
- Enhanced penalties when the offender is under the influence, with a minimum twoyear mandatory sentence even if injury is involved.
C. Fatality
- Charged as a firstdegree felony.
- Florida’s Aaron Cohen Life Protection Act imposes a mandatory minimum of 4 years imprisonment and up to 30 years for death cases, along with a $10,000 fine and at least 3 years of license revocation.
- Courts must order restitution to the victim, unless there’s a compelling cause not to.
3. Legislative Highlights & Developments
Florida’s hitandrun laws were significantly strengthened by the Aaron Cohen Life Protection Act, effective July 1, 2014. Named in honor of a cyclist killed by a fleeing driver, the law mandates harsher penalties—including the 4year minimum prison term for fatal crashes.
More recently, proposed legislation (House Bill 479) aims to require mandatory restitution for property damage cases—an expansion beyond current statutes, which give courts discretion to waive restitution in minor cases.
4. Impact for Victims & Insurance
Victims of hitandruns in Florida have limited options:
- Criminal restitution is rarely available unless evidence shows the driver’s failure to stay exacerbated victims’ losses.
- Insurance may provide compensation:
- Personal Injury Protection (PIP) covers medical and lost wage expenses regardless of fault.
- Uninsured motorist (UM) coverage and collision coverage may reimburse victims when the atfault driver is unknown or uninsured.
5. Common Defenses To HitandRun Charges
Defense strategies often focus on:
- Lack of awareness: driver didn’t realize they were involved in a crash (e.g. minor contact).
- Medical emergency: sudden incapacitation prevented stopping.
- Mistaken identity: no proof driver was responsible.
- Reasonable fear: leaving scene due to threat to personal safety in the moment.
6. Why You Should Hire Pallegar Law
Facing criminal charges for leaving the scene—especially involving injury or death—can lead to devastating consequences: jail time, heavy fines, felony records, and license revocation that can last years. At Pallegar Law, our experienced team can:
- Analyze whether prosecution has sufficient proof.
- Seek mitigation if errors or ambiguities exist.
- Argue medical or emergency defenses.
- Negotiate plea agreements or alternatives where possible.
- Advocate for reduced penalties, probation, or diversion programs.
Early legal intervention improves outcomes and preserves future opportunities.
HitandRun in Florida – Q&A
What counts as a hitandrun under Florida law?
Any driver who is involved in a crash—whether property damage, injury, or death—and fails to stop, provide information, or render aid is committing a hitandrun under Florida Statute § 316.061 and § 316.027
What penalties apply for property damage only hitandrun?
That is a seconddegree misdemeanor with up to 60 days jail, up to $500 fine, and possible license suspension
If someone is injured and the driver flees, what penalties apply?
It’s a thirddegree felony, rising to seconddegree if injuries are serious. Penalties include up to 5 years jail, up to $5,000 in fines, and at least 3 years license revocation. DUI involvement leads to a mandatory 2year minimum.
What happens in fatal hitandrun cases?
Charged as a firstdegree felony. Offenders face mandatory 4 years minimum in prison, up to 30 years, up to $10,000 fine, license revocation, and courts must order restitution unless a compelling reason exists not to.
Is restitution available for property damage cases?
Courts may order it, but it’s generally discretionary and often not granted unless the delay in assistance caused additional harm. A pending bill (HB 479) seeks to make restitution mandatory for property claims in the future.
What should someone do if accused of a hitandrun?
Do not admit guilt. Document any possible evidence (dashcam footage, witness info, medical records). Consult a criminal defense attorney right away to build a strategy tailored to your case.
Why Pallegar Law Is Your Best Choice
At Pallegar Law, we provide dedicated representation to clients facing hitandrun charges throughout Florida. Our attorneys are experienced with Florida statutes § 316.061 and § 316.027, and deeply familiar with case law defending drivers in high-stakes situations.
Whether you are a victim seeking compensation or a driver accused of leaving the scene, Pallegar Law is committed to protecting your rights at every stage—from investigation through plea or trial.
Contact us today for a free consultation to understand your legal position and start building your defense.
