Can You Go to Jail for Leaving the Scene of an Accident?
April 04, 2025
Being involved in a car accident can be a stressful and overwhelming experience. However, leaving the scene of an accident—commonly referred to as a hit-and-run—is a serious offense with severe legal consequences. Whether or not you go to jail depends on several factors, including the severity of the accident, whether injuries or fatalities occurred, and state laws governing hit-and-run offenses. Whatever you do, do not panic and remain calm. Things can only get worse by leaving the scene of an accident.
In Florida, as in most states, it is illegal to leave the scene of an accident without fulfilling certain legal obligations. These include providing information, rendering aid if necessary, and reporting the accident to authorities. Below, we'll discuss what constitutes a hit-and-run, the potential penalties, and how an experienced criminal defense attorney can help if you're facing charges.
What is Considered Leaving the Scene of an Accident?
Florida law (Florida Statutes § 316.061-316.063) outlines what drivers must do after an accident. If you are involved in a crash, you are required to:
- Stop at the scene or as close as possible without blocking traffic.
- Provide your name, address, and vehicle registration number to the other driver or law enforcement.
- Show your driver's license if requested.
- Render aid if someone is injured, which may include calling 911.
- Report the accident if it involves injuries, fatalities, or significant property damage.
Failing to fulfill these duties can result in criminal charges, with penalties ranging from misdemeanors to felonies, depending on the circumstances.
Penalties for Leaving the Scene of an Accident
1. Leaving the Scene of a Property Damage Accident (No Injuries)
If you flee the scene of an accident that only involves property damage (such as hitting a parked car, mailbox, or another vehicle without injuries), you may face:
- Misdemeanor charges
- Up to 60 days in jail
- Fines up to $500
- Driver's license points and possible suspension
While jail time is possible, first-time offenders may be eligible for alternative penalties such as probation, community service, or traffic school.
2. Leaving the Scene of an Accident with Injuries
If you leave the scene of an accident where someone is injured, the penalties increase significantly:
- Third-degree felony charge
- Up to five years in prison
- Fines up to $5,000
- Mandatory driver's license revocation for at least three years
A conviction for leaving the scene of an accident can have long-term consequences, including a permanent criminal record, higher insurance rates, and difficulty finding employment.
3. Leaving the Scene of an Accident Involving a Fatality
If you leave the scene of an accident that results in a fatality, it is considered a first-degree felony under Florida law. The penalties include:
- Mandatory minimum of four years in prison
- Up to 30 years in prison
- Fines up to $10,000
- Permanent driver's license revocation
Florida lawmakers increased penalties for hit-and-run fatalities to ensure they are comparable to DUI manslaughter penalties, discouraging drivers from fleeing rather than staying at the scene.
Defenses Against Hit-and-Run Charges
If you have been charged with leaving the scene of an accident, it is crucial to consult an experienced criminal defense attorney who can help build a strong defense. Some possible defenses include:
- Lack of Knowledge: If you were unaware that an accident occurred (for example, in a minor scrape or when driving a large vehicle), this could be a valid defense.
- Emergency Situations: If you left the scene due to an immediate medical emergency or personal safety concerns, your attorney may argue that the circumstances justified your departure.
- Mistaken Identity: Law enforcement must prove that you were the driver at the time of the accident. If there is insufficient evidence, the charges may be challenged.
- No Legal Requirement to Stay: If you were not directly involved in the crash and had no legal duty to remain at the scene, charges may be dismissed.
How Can a Criminal Defense Attorney Help?
In the majority of cases, other drivers will report the license tag number of the vehicle that left the scene. In the majority of cases, the witnesses can only ID the vehicle in the tag. The police will send a letter to the address where the vehicle is registered. The letter will request that the owner-operator of the vehicle to contact the police department. Upon receiving the letter, call the criminal attorneys at DMT. We will contact the police and insulate you from the investigation. The police want you to go to the station and admit to the offense because they cannot ID the driver of the vehicle, thus giving the state a prosecutable case.
If you have been accused of leaving the scene of an accident, you need a strong legal defense to protect your rights. The attorneys at Donet, McMillan & Trontz, P.A. have extensive experience handling leaving the scene of an accident cases and can help by:
- Investigating the case to challenge the prosecution's evidence.
- Negotiating plea deals to reduce charges or penalties.
- Defending you in court to seek a dismissal or acquittal.
- Advising on legal options and alternative sentencing to minimize long-term consequences.
A conviction for leaving the scene of an accident can have serious legal and personal repercussions, making it critical to have an experienced defense team by your side.
Conclusion
Leaving the scene of an accident is a criminal offense in Florida, with penalties ranging from misdemeanors to serious felonies. While property damage cases may result in fines and license points, injury or fatality-related cases can lead to significant prison sentences and long-term consequences.
If you are facing charges for leaving the scene of an accident, it is crucial to seek legal representation immediately. The attorneys at Donet, McMillan & Trontz, P.A. are ready to defend your rights and help you navigate the legal system. Contact us today for a free confidential consultation.
