Leaving the Scene of a Crash (Hit and Run) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the Law Requires After a Crash

The driver must stop at the scene or as close as possible and stay until he or she has given name, address and vehicle registration number, shown a license if asked, and given any injured person reasonable assistance. If the other car or property is unattended, the driver must find and notify the owner or leave a written note in a conspicuous place, and then notify the police without unnecessary delay.

What the State Must Prove

• Crash with injury or death (Instruction 28.4): you were the driver of a vehicle in a crash on public or private property that injured or killed someone; you knew you were in a crash; you knew, or should have known from the circumstances, of the injury or death; and you willfully failed to stop and remain until you had given your information and rendered reasonable assistance.
• Damage to an attended vehicle or property (Instruction 28.4(a)): you were the driver in a crash that caused only property damage to a vehicle or property driven or attended by someone, and you failed to stop and remain until you gave your identifying information.
• Damage to an unattended vehicle or property (Instruction 28.4(b)): you failed to stop and either notify the owner or leave a written notice, and then notify police.

Penalties

• Crash with injury: third-degree felony (up to 5 years and $5,000).
• Crash with serious bodily injury: second-degree felony (up to 15 years and $10,000).
• Crash with a death: first-degree felony (up to 30 years and $10,000) with a 4-year minimum mandatory prison term. The defense may ask the judge to go below the minimum, unless the driver was under the influence; the judge can grant it only on a finding that the minimum would be an injustice.
• Any injury level: license revocation of at least 3 years, a victim impact panel or approved course before reinstatement, and restitution unless the court finds clear and compelling reasons not to order it.
• Property damage only, attended or unattended: second-degree misdemeanor (up to 60 days and $500). Since October 1, 2025, in attended-property cases the court may also order a driver who caused or contributed to the crash to pay restitution.

If police try to stop you while you are leaving the scene and you flee, that is a separate felony. See Fleeing and Eluding.

Common Situations in Miami

• A minor bump where the driver did not realize anyone was hurt.
• A driver with no license or immigration worries who panicked.

How We Defend Leaving-the-Scene Charges

• Did you know there was a crash? Knowledge is an element of the injury charges.
• Did you know, or should you have known, someone was hurt?
• Who was driving? The owner of the car is not always the driver.
• What you did: stopping nearby, calling 911 or coming back.
• If the crash involved alcohol, see DUI Manslaughter and Serious Bodily Injury.

What to Do First

1. Do not talk to police or insurers about who was driving until you talk to a lawyer.
2. Do not repair or get rid of the car.
3. Call us. A lawyer can sometimes arrange a surrender instead of an arrest at home or work.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is leaving the scene a felony in Florida?

When someone is injured or killed, yes. When there is only property damage, it is a second-degree misdemeanor.

What if I didn't know I hit anything?

For the injury charges, the State must prove you knew you were in a crash. That is often the key issue.