Florida Statute 316.027 — leaving the scene of a crash, what police call hit and run — requires a driver in a crash involving injury or death to stop immediately, remain at the scene, and fulfill the duties in § 316.062 (give information, render reasonable aid). Leaving turns a crash into a felony.
The felony ladder
- Injury: third-degree felony — up to 5 years.
- Serious bodily injury: second-degree felony — up to 15 years.
- Death: first-degree felony with a 4-year mandatory minimum prison sentence, higher if DUI is involved, plus a license revocation of at least 3 years and mandatory restitution.
Property damage only?
A crash with only vehicle or property damage falls under § 316.061 — a second-degree misdemeanor. Still criminal, still worth defending, but a different universe from § 316.027.
The detail most people miss
The state must prove you knew or should have known the crash involved injury — and in real collisions, especially at night or at low speed, that knowledge element is genuinely contestable. It is often the entire case. Panic leaving a scene is human; talk to a lawyer before you talk to a traffic homicide investigator who calls “just to get your side.”
Being investigated for leaving the scene of an accident? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 316.027 (official Florida Statutes). Related on this site: Traffic offense defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.