What to Do After a Hit-And-Run in Florida

Hit and run accidents are a major problem in Florida. They account for 25 percent of all traffic crashes in the state as of 2026. These crashes resulted in 271 fatalities and 871 serious injuries. Understanding Florida’s hit and run laws is crucial for both drivers and victims.

What Constitutes a Hit and Run?

A hit and run occurs when a driver leaves an accident scene without fulfilling legal obligations. The formal legal term is “Leaving the Scene of an Accident.” Florida Statutes 316.061, 316.027, and 316.062 govern these incidents.

Three scenarios constitute a hit and run. First, crashes involving only property damage. Second, accidents causing injury to any person. Third, collisions resulting in death. Florida law makes no distinction about fault. Even drivers who didn’t cause the accident must stop and comply with the law.

Drivers Must Stop After a Crash

Florida law establishes clear duties for anyone involved in a crash. Drivers must stop immediately at the scene. If stopping at the exact location would obstruct traffic, they must stop as close as possible. This applies to accidents on public roads and private property.

Drivers must provide specific information to other parties. This includes their name, address, driver’s license, and vehicle registration. If someone is injured, the driver must render reasonable assistance. This means calling emergency services or transporting the injured person to a hospital if urgent.

When the property owner isn’t present, different rules apply. The driver must locate the owner or leave a written notice on the damaged property. The notice must include the driver’s name, address, and registration number. The driver must also report the accident to the nearest law enforcement agency.

What to Do After a Hit-And-Run

Contact law enforcement immediately. Dial 911 for emergencies or call *FHP (*347) for the Florida Highway Patrol. Time is critical. Witnesses may leave and the fleeing driver gains distance. You can report anonymously to Florida Crime Stoppers at **TIPS (**8477).

Document everything possible. Take photographs of vehicle damage, the accident scene, debris, and injuries. Note details about the fleeing vehicle. Record the license plate number, even if partial. Note the make, model, color, and any distinguishing features. Write down which direction the vehicle traveled. Collect contact information from witnesses.

Seek medical attention immediately. Some injuries don’t show symptoms right away. Medical records create crucial documentation linking injuries to the accident. This helps with insurance claims and legal proceedings.

Criminal Penalties for Hit-And-Run Drivers

Penalties escalate based on the severity of the crash. Property damage only is a second-degree misdemeanor. It carries up to 60 days in jail and a $500 fine. A conviction creates a permanent criminal record.

Hit and runs involving injury are third-degree felonies. These carry up to five years in prison and $5,000 in fines. Serious bodily injury elevates the charge to a second-degree felony. This brings up to 15 years in prison. Convictions result in driver’s license revocation for at least three years. Offenders cannot get a hardship license until completing a 12-hour Advanced Driver Improvement Course.

Fatal hit and runs carry the harshest penalties. The Aaron Cohen Life Protection Act mandates a minimum four-year prison sentence. The maximum is 30 years. The law is named after Aaron Cohen, a cyclist killed by a fleeing driver in 2012. That driver received only two years, less than a DUI manslaughter conviction would bring.

Can Insurance Cover Damage From a Hit-and-Run?

Yes, if you were hurt in a hit-and-run, your personal injury protection insurance (PIP) can help pay your medical costs.

If the driver is identified, their liability insurance covers your damages. Their insurer pays for medical expenses, lost wages, property damage, and pain and suffering. But many hit-and-run drivers are never found.

You may also have uninsured motorist (UM) coverage. This addresses situations where the at-fault driver can’t be identified or lacks insurance. Your own insurance company provides compensation up to your policy limits. This covers medical bills, treatment, rehabilitation, lost wages, and pain and suffering.

Property damage typically requires collision coverage. Uninsured motorist property damage coverage isn’t mandatory in Florida. Review your policy to understand your protection.

Insurance companies often try to minimize payouts. They may dispute injury severity or treatment necessity. Consider consulting a personal injury attorney. They can advocate for full compensation.

Statute of Limitations

Different deadlines apply for criminal and civil cases.

For criminal prosecution, Florida has four years to file charges for hit and run involving injury. For property damage only, it’s two years. For fatal hit and runs, there’s no time limit.

For civil claims, Florida provides a two-year window from the accident date. This applies whether or not the driver has been identified. Missing this deadline means losing the right to pursue compensation. The case will be dismissed regardless of strength or injury severity.

Limited exceptions exist. The discovery rule may extend the deadline if the injury wasn’t immediately apparent. If the injured party is a minor, the clock may not start until they turn 18. These exceptions are narrow. Don’t rely on them without legal guidance.

Anyone injured in a hit-and-run should consult an attorney immediately. Even while receiving treatment or waiting for the driver to be located, contact legal counsel. This protects your rights before critical deadlines expire.

Civil Liability and Compensation

Hit and run drivers face civil liability beyond criminal prosecution. Civil lawsuits compensate victims rather than punish with jail time.

Victims can seek economic damages. These include medical expenses, lost wages, property damage, and rehabilitation costs. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Courts may award punitive damages in hit and run cases. These punish particularly egregious conduct. Fleeing after causing injury shows callousness. Courts consider this worthy of punishment beyond compensation.

Restitution in criminal cases has limitations. Florida courts generally say restitution isn’t appropriate. The criminal act (leaving) didn’t cause the injuries. Those would have occurred anyway. However, if leaving delayed treatment and worsened injuries, restitution may be awarded.

Vulnerable Road Users

Pedestrians and bicyclists face disproportionate risk. Of 271 hit-and-run deaths in 2023, 159 were pedestrians and 47 were bicyclists. This is 76 percent of all hit-and-run fatalities.

The Aaron Cohen Life Protection Act addresses this problem. It mandates serious prison time for drivers who cause death. Penalties for fleeing exceed those for remaining at the scene even when impaired.

Witnesses are critical in these cases. Bystanders who observe a hit-and-run involving a pedestrian or cyclist should stop. Render aid and provide information to investigators.

Take Hit and Run Crashes Seriously

Florida takes hit-and-run offenses seriously. The law requires drivers to stop, render aid, and take responsibility. Penalties escalate with harm severity. Fatal crashes carry mandatory prison time.

Victims have multiple recovery options. Criminal prosecution, civil litigation, and insurance claims all provide avenues. However, success requires prompt action and careful documentation. Professional legal guidance often proves essential.

Understanding these laws serves everyone. Drivers learn their non-negotiable obligations. Victims learn how to protect their rights. Society maintains the social compact governing our roadways. When accidents occur, we face them with integrity rather than flee.

Contact Us for a Free Consultation

If you’ve been involved in a hit and run, contact an experienced car accident lawyer as soon as possible to discuss your legal options. Call (813) 471-4444 for a free consultation.