{"id":6536,"date":"2026-10-24T08:47:45","date_gmt":"2026-10-24T08:47:45","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/what-is-the-new-rule-of-hit-and-run\/"},"modified":"2026-10-27T14:36:00","modified_gmt":"2026-10-27T14:36:00","slug":"what-is-the-new-rule-of-hit-and-run","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/what-is-the-new-rule-of-hit-and-run\/","title":{"rendered":"What Is the New Rule of Hit and Run in Florida?"},"content":{"rendered":"\n
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Leaving the Scene of an Accident Defense | Miami, FL<\/p>

What Is the New Rule of Hit and Run in Florida?<\/h1>

Patrick Wilson Law, PLLC explains how Florida's hit-and-run law applies, from minor crashes to cases involving serious injury or death, and what to do next.<\/p>

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By Patrick David Wilson \u00b7 Published October 24, 2026<\/p>\n\n

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If you were in a crash in Florida, the core rule is simple: you must stop, stay at the scene, and give information and help. People who search “what is the new rule of hit and run” usually want to know what the law expects today and what changed. This guide answers that question in general terms. It explains the duty at each level of harm, the penalties that can follow, and the mistakes that turn a stressful moment into a criminal case. Patrick Wilson Law, PLLC is a Miami criminal defense firm that focuses on DUI, domestic violence, sexual battery, and crash-related charges across South Florida.<\/p>\n

What the Hit-and-Run Rule Says in Florida<\/h2>\n

A driver involved in a crash on public or private property that results in injury or death must stop at the scene, remain there until the requirements of s. 316.062 are fulfilled, and may not drive away. Florida law describes this conduct as leaving the scene of a crash. In everyday talk, people call it a hit-and-run.<\/p>\n

The duty starts with the crash itself. The driver must stop immediately, or as close to the scene as possible, and stay there until the information and aid rules are met. For crashes that involve injury or death, that duty sits in Fla. Stat. \u00a7 316.027<\/a>. For crashes that cause only property damage, it sits in Fla. Stat. \u00a7 316.061<\/a>.<\/p>\n

The statutes do not make the stop duty depend on who caused the crash. The text applies to the driver of a vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person. A driver who believes the other driver caused the collision still has to stop.<\/p>\n\n

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If you were in a crash and aren't sure what the law now expects of you, our team can talk through the facts with you in a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What Changed: Understanding the ‘New Rule’<\/h2>\n

So what is the new rule of hit and run? The core duty to stop has not gone away. Under Fla. Stat. \u00a7 316.061<\/a>, the driver of a vehicle involved in a crash resulting only in damage to a vehicle or other property must immediately stop at the scene or as close to it as possible, and must remain there until the requirements of s. 316.062 are fulfilled.<\/p>\n

Laws of Florida chapter 2025-14 amended Fla. Stat. \u00a7 316.061<\/a>, the property-damage rule. Chapter 2026-39 amended Fla. Stat. \u00a7 316.065<\/a>, the police-notice rule. Chapter 2026-14 amended Fla. Stat. \u00a7 782.071<\/a>, the vehicular homicide statute.<\/p>\n

The duties at the scene are clear. Under Fla. Stat. \u00a7 316.062<\/a>, the driver must give a name, address, and vehicle registration number. The driver must show a license on request, if one is available. The driver must also give reasonable aid to anyone hurt. That can include arranging a ride to medical care when treatment looks necessary or is requested.<\/p>\n

If nobody can receive that information and no officer is present, the driver must report the crash promptly to the nearest police office. A violation of this section alone is a noncriminal traffic infraction. The serious criminal risk comes from willfully leaving the scene, especially when someone is hurt or killed.<\/p>\n

Property Damage Versus Injury or Death<\/h2>\n

The level of harm decides which statute applies and how serious the charge becomes. Property damage, injury, and death each follow a different path.<\/p>\n

Property damage only.<\/strong> A crash that causes only damage to a vehicle or other property falls under \u00a7 316.061<\/a>. The court may order a driver convicted of a violation of \u00a7 316.061<\/a> who caused or otherwise contributed to the crash to pay restitution to the owner for the damage the driver’s vehicle caused. A violation of \u00a7 316.061<\/a> is a misdemeanor of the second degree, punishable as provided in \u00a7 775.082<\/a> or \u00a7 775.083<\/a>, which set the jail term and fine. The fine can reach $500 under Fla. Stat. \u00a7 775.083<\/a>.<\/p>\n

Injury.<\/strong> If someone is hurt but not seriously, a willful violation of the stop-and-remain rule is a third-degree felony under \u00a7 316.027(2)(a)<\/a>. Serious bodily injury is defined as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of a body part’s function. That level moves the charge to a second-degree felony under \u00a7 316.027(2)(b)<\/a>.<\/p>\n

Death.<\/strong> A willful violation in a crash that causes a death is a first-degree felony under \u00a7 316.027(2)(c)<\/a>. It carries a mandatory minimum term of imprisonment of 4 years. The court must also order restitution to the victim unless it finds clear and compelling reasons not to, under \u00a7 316.027(2)(d)<\/a>.<\/p>\n

Fines for felonies are capped by statute. A first- or second-degree felony can carry a fine of up to $10,000, and a third-degree felony up to $5,000, unless a higher amount applies, such as double the pecuniary gain or loss or an amount specifically authorized by statute, under \u00a7 775.083<\/a>.<\/p>\n

When a fatal crash is followed by leaving, the case can become vehicular homicide. Our vehicular homicide defense page covers that charge in more detail. Under Fla. Stat. \u00a7 782.071<\/a>, vehicular homicide is a killing caused by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm, and it becomes a first-degree felony if the driver knew or should have known the accident occurred and failed to give information and render aid. The statute says the driver does not need to have known the crash caused injury or death.<\/p>\n

Does a Small Bump or Scrape Still Count?<\/h2>\n

Yes. A minor crash can still trigger the duty to stop, even if the damage looks small. The statutes ask whether a crash happened and whether property was damaged, not how the damage looks.<\/p>\n

The dollar amount matters for one step. Under Fla. Stat. \u00a7 316.065<\/a>, a driver must give notice to police right away when a crash causes injury or death, or damage in an apparent amount of at least $2,000. Below that amount, the duty to stop and exchange information still applies under \u00a7\u00a7 316.061<\/a> and 316.062.<\/p>\n

Hitting a parked or unattended car follows its own rule. Under Fla. Stat. \u00a7 316.063<\/a>, you must stop immediately. You must then find the owner or leave a written note in a conspicuous place with your name, address, and registration number. You must also notify the nearest police authority without unnecessary delay. A violation of that duty commits a misdemeanor of the second degree, punishable as provided in s. 775.082<\/a> or s. 775.083<\/a> (Fla. Stat. \u00a7 316.063(1)<\/a>).<\/p>\n

Will Police Do Anything About a Hit-and-Run?<\/h2>\n

Yes, police can investigate a hit-and-run, especially when someone is hurt. Investigators usually start with the damaged vehicles, the scene, and any witnesses who saw the crash.<\/p>\n

Reporting rules also shape what happens next. After a crash, you can contact Patrick Wilson Law, PLLC for a free, confidential consultation to go over any reports or paperwork connected to the incident.<\/p>\n

The Florida Department of Highway Safety and Motor Vehicles has a hit-and-run awareness page<\/a> that covers a driver’s duty to remain at the scene and the penalties for these crashes. Investigators may also look at vehicle damage and any video that exists. A later report by an injured person or an insurer can also start a review.<\/p>\n

Is It Hard to Prove a Hit-and-Run?<\/h2>\n

The outcome of each case depends on its facts. The elements differ by statute.<\/p>\n

For the injury and death felonies, the state must show the driver willfully violated the stop-and-remain duty under \u00a7 316.027<\/a>. Both are factual questions a court decides on evidence.<\/p>\n

Common evidence includes damage to each vehicle, witness accounts, video, and statements a driver made. Defense questions often focus on who was driving, which vehicle was involved, and what the driver knew at the time. No one can promise how a particular case will end.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

How Insurance and Civil Claims Fit In<\/h2>\n

A criminal case and an insurance claim run on separate tracks.<\/p>\n

Civil claims can also follow a fatal crash. Under Fla. Stat. \u00a7 782.071<\/a>, a right of action for civil damages exists under \u00a7 768.19 for all deaths described in the vehicular homicide statute.<\/p>\n

Insurance rates and claim handling follow each insurer’s own rules. Ask your insurer directly how it handles a claim after a crash. Keep records of the crash, the damage, photos, and every message or call. Remember that statements you make in writing can matter later.<\/p>\n\n

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If You Are Facing This Situation Now<\/h2>\n

Many people who search this question are trying to understand a crash they were part of. Others are worried about a family member or friend who was in one. The next decisions can feel urgent, especially when police, an insurer, or the other driver is asking questions.<\/p>\n

Is leaving the scene of a fatal crash a felony in Florida?<\/summary>

Yes. A willful violation of the stop-and-remain duty in a crash that causes death is a first-degree felony. It carries a mandatory minimum term of 4 years. The defendant may move to depart from it unless the violation was committed while driving under the influence, and the court may grant the motion only if it finds that a factor, consideration, or circumstance clearly demonstrates that imposing a mandatory minimum term of imprisonment would constitute or result in an injustice, under Fla. Stat. \u00a7 316.027<\/a>.<\/p><\/details>

What’s the difference between a hit-and-run and leaving the scene?<\/summary>

In everyday use, they describe the same conduct.<\/p><\/details>

Do I have to stop if I hit an unattended car in Florida?<\/summary>

Yes. You must stop, notify the owner or leave a written note, and notify the nearest police authority without unnecessary delay.<\/p><\/details>\n

Patrick Wilson Law, PLLC offers a free, confidential first consultation with no obligation to continue. If you’re trying to understand what the law means for a crash you were in, call 786-761-1719 or leave a message through our contact page<\/a>.<\/p>\n

Attorney advertising. Responsible lawyer: Patrick David Wilson, Patrick Wilson Law, PLLC, Miami, Florida. This page is advertising material and is not legal advice for any particular case.<\/em><\/p>\n\n<\/article>\n