Leaving the Scene of a Crash
Arrest exception may applyFailing to stop, provide required information, render aid, or report after a crash involving property damage, injury, serious bodily injury, or death.
Florida Statute
§ 316.027 / 316.061 / 316.063
Crash involving injury, death, or attended or unattended property damage; duties
Verified against the 2026 Florida Statutes: September 14, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Criminal traffic offenses connected with a crash
Required facts
- The officer investigates personally at the crash scene; AND
- The person is a driver of a vehicle involved in the crash; AND
- The investigation establishes reasonable and probable grounds for an offense under chapter 316, 320, OR 322 connected with the crash.
Limits & qualifications
- The crash nexus and personal scene investigation matter; do not apply this authority to an unrelated traffic offense.
Authority
Quick Summary
Determine whether the crash involved attended property only, unattended property, injury, serious bodily injury, or death. The driver’s stop/remain, identification, aid, and reporting duties differ by track. For unattended property, notifying the owner or leaving a proper note must be followed by police notification. For attended property/injury, remaining and completing §316.062 duties are central. Document awareness, actual damage/injury, and the specific omitted duty; moving a vehicle to clear traffic is not automatically leaving the scene. Check statutory automated-vehicle and motorsports exceptions where applicable.
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Summary sources
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Property Damage Only
F.S. §§ 316.061, 316.063
Leaving a crash involving only damage to an attended or unattended vehicle or other property.
Injury
F.S. § 316.027(2)(a)
Leaving a crash involving injury other than serious bodily injury.
Serious Bodily Injury
F.S. § 316.027(2)(b)
Leaving a crash involving serious bodily injury.
Death
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant drove a vehicle involved in a crash causing property damage, injury, serious bodily injury, or death; knew or should have known of the crash and applicable result; and willfully failed to stop and remain as required.
Plain language: Identify the result track, knowledge, and failure to stop.
- Element 2OR — Alternative
One applicable duty violation
The defendant failed an applicable duty to provide identifying information, exhibit a license, render reasonable assistance, or report the crash.
Plain language: Identify the exact duty not performed.
Jury Instructions
Jury Instructions
Instruction 28.4
Leaving the Scene of a Crash Involving Death, Serious Bodily Injury, or Injury
Use the result-specific alternatives applicable under F.S. § 316.027(2).
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.4(b)
Leaving the Scene of a Crash Involving Damage to an Unattended Vehicle or Unattended Property
Instruction for unattended-vehicle or unattended-property damage under F.S. § 316.063.
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 28.4(a)
Leaving the Scene of a Crash Involving Only Damage to an Attended Vehicle or Attended Property
Instruction for attended-vehicle or attended-property damage under F.S. § 316.061.
View Official InstructionAdditional Notes
Additional Notes
Duties Are Result-Specific
Identify whether the crash involved property damage, injury, serious bodily injury, or death, then document each applicable stop, information, assistance, and reporting duty.