Can You Be Arrested for Leaving the Scene in Florida?
The moments after a crash are disorienting, and a single question can take over: Should I just leave?
In Florida, that question has a clear legal answer. Yes, you can be arrested for leaving the scene of an accident. Depending on what happened in those few seconds, you could be facing anything from a misdemeanor to a second-degree felony with mandatory prison time. And on the other side of that same crash, there’s often a victim who was left behind, wondering why no one stopped.
At CDB Injury Law, we represent people on both sides of these cases. We defend drivers who made a decision they wish they could take back. And we advocate for families who were left behind by a driver who didn’t. You don’t have to face either of those situations alone.
What Florida Law Actually Requires After a Crash
Florida has three separate statutes that govern what every driver must do after an accident. Together, they form the legal duty to “stop and remain”:
- Florida Statute § 316.061 covers crashes resulting in property damage only. The driver must stop immediately at the scene (or as close to it as safely possible) and exchange information.
- Florida Statute § 316.062 spells out the duty to give information and render aid—name, address, vehicle registration, driver’s license on request, and reasonable assistance to anyone injured, including arranging transport to a hospital if needed.
- Florida Statute § 316.027 covers crashes involving injury or death. This is where the consequences become severe.
The duty applies whether the other party is another driver, a passenger, a pedestrian, a cyclist, or even an unattended vehicle or piece of property. If you hit a parked car in a lot and drive away without leaving a note, you’ve technically committed a hit-and-run under Florida law.
The Penalties—Tiered by What Happened
Florida grades the offense by the harm caused. The difference between one tier and the next can be the difference between a fine and a prison sentence.
Property damage only (§ 316.061): A second-degree misdemeanor. Up to 60 days in jail and a $500 fine. The license consequences are real but the criminal exposure is limited.
Crash involving injury (§ 316.027): A third-degree felony. Up to 5 years in prison, 5 years of probation, and a $5,000 fine. A mandatory driver’s license revocation of at least three years follows any conviction.
Crash involving serious bodily injury: A second-degree felony. Up to 15 years in prison and a $10,000 fine.
Crash involving death: A first-degree felony. Up to 30 years in prison, with a mandatory minimum of four years in state prison under the Aaron Cohen Life Protection Act—Florida’s 2014 law named for a Miami Beach cyclist killed by a driver who fled. If the driver was also under the influence at the time, additional DUI manslaughter charges can stack on top.
In every felony tier, you’re also looking at a criminal record that can affect job applications, professional licensing, security clearances, and immigration proceedings for years to come.
The Civil Side—Often the Bigger Number
Criminal penalties are only part of the story. A driver who leaves the scene is almost always also a civil defendant. Under Florida law, fleeing the scene can support a claim for punitive damages under § 768.72—damages designed not just to compensate the victim, but to punish the driver. That can mean exposure well beyond what auto insurance is willing to cover.
For victims, this matters. If you were hit by a driver who fled and was later identified, the flight itself can be used as evidence of consciousness of fault, which may strengthen your civil case. And if the driver is never found, your own uninsured motorist (UM) coverage can step in to cover medical bills, lost wages, and pain and suffering—provided the claim is built and documented correctly from day one.
Why People Leave—And Why It’s Almost Never Worth It
Most people who leave the scene aren’t hardened criminals. They’re scared. They’ve been drinking, or they don’t have a license, or they don’t have insurance, or they’re driving on a suspended license, or they simply panicked and didn’t process what just happened.
We hear all of these stories. We understand them. But we also have to be honest: leaving almost always makes the underlying problem worse. A DUI charge is serious. A DUI charge plus a hit-and-run with injury is significantly worse, and it eliminates many of the defenses that would have been available if the driver had stayed. The same is true for an unlicensed driver—staying often results in a citation; leaving can turn it into a felony.
If you’ve already left, the most important thing you can do is talk to a lawyer before talking to police. The decisions you make in the next 24 to 48 hours—whether to come forward, how to come forward, and through whom—will shape everything that follows.
What to Do If You Were the Victim
If a driver hit you and fled, you may feel powerless. You shouldn’t. Here’s what protects your case:
- Call 911 immediately. A formal crash report is the foundation of any later claim.
- Get medical attention even if you “feel fine.” Adrenaline masks injury. Documentation in the first 24 hours is critical.
- Photograph everything. The scene, your vehicle, your injuries, debris, skid marks, any partial plate or vehicle description you remember.
- Look for witnesses and cameras. Doorbell cameras, business surveillance, and traffic cameras have identified more fleeing drivers than most people realize.
- Don’t give a recorded statement to any insurance company—including your own—before talking to a lawyer.
How CDB Injury Law Helps—On Either Side of the Crash
Whether you’re the driver who needs a defense or the family that needs answers, our approach is the same. We start by listening. Chris DeBari has served Florida clients for over 26 years, walking people through difficult moments and toward a path of recovery on the other side.
For defendants, that means honest counsel about your exposure, a thorough review of the evidence (was there actually knowledge of the crash? was identification reliable?), and a defense built around your individual circumstances. For victims, it means a diligent investigation, a coordinated medical and financial recovery plan, and an attorney who will pursue your case even when the driver has tried to disappear.
You didn’t ask for this fight. But you deserve a dedicated advocate who won’t back down from it.
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At CDB Injury Law, we serve as dedicated advocates for our clients. Whether you’re facing charges or recovering from a crash, let’s take the first step together.
