Wisconsin Hit and Run Laws: Penalties and What to Do

Wisconsin criminalizes leaving the accident scene under Wis. Stat. §346.67 and scales penalties by harm caused. Property damage carries a misdemeanor with up to six months in jail, great bodily harm is a Class E felony with up to 15 years, and a fatality is a Class D felony with up to 25 years.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Wisconsin Car Accident Settlement Calculator.

Last verified: January 2026. This article reflects current Wisconsin law under Wis. Stat. §346.67 through §346.74.

Table of Contents

• Quick Summary
• Wisconsin Hit and Run Law Explained
• What to Do After an Accident
• When It's a Misdemeanor
• When It's a Felony
• Complete Penalty Guide
• Wisconsin Crash Statistics
• Notable Cases
• Witness and Owner Duties
• Affirmative Defenses
• Frequently Asked Questions
• Related Wisconsin Laws

Quick Summary: Wisconsin Hit and Run Laws

Under Wisconsin Statutes §346.67 through §346.74, leaving the scene of an accident without fulfilling your legal obligations is a criminal offense. Wisconsin law carries some of the most severe penalties in the nation for hit and run involving death or serious injury.

• Stop and investigate: You must stop immediately and reasonably investigate what was struck.
• Report deadline: You have 24 hours to report a hit and run you witness or were involved in.
• Witness duty: Anyone who observes a hit and run must report it within 24 hours or face fines.
• Vehicle owner liability: Owners can be held liable even if they were not driving at the time.
• Five affirmative defenses are available under Wisconsin law.
• Statute of limitations: Three years for personal injury, six years for property damage.

Wisconsin Hit and Run Laws Explained

Under §346.67, "Duty Upon Striking Person or Attended or Occupied Vehicle," drivers involved in accidents must immediately stop and fulfill specific legal requirements. Failure to comply constitutes a hit and run offense.

Your Legal Obligations After a Collision

Section §346.67 requires you to:

• Stop immediately as close to the accident scene as possible.
• Reasonably investigate what you struck.
• Provide your information: Name, address, and vehicle registration number to the struck person, property owner, or law enforcement officer.
• Exhibit your license: Upon request, show your driver's license to the affected party or a peace officer.
• Render reasonable assistance: Help anyone injured, including arranging transportation to a medical facility if treatment is needed or requested.
• Minimize traffic obstruction: Do not block traffic more than necessary.

Critical point: Wisconsin law (§346.67(3)) states that prosecutors do not need to prove you knew you hit a person or occupied vehicle. The question is whether a reasonable person would have known a collision occurred.

What to Do After an Accident in Wisconsin

Following these steps protects your legal rights and helps avoid criminal charges:

• Stop your vehicle and investigate the scene.
• Call 911 if anyone is injured or if the accident involves death.
• Do not move the vehicle if someone died or if you were transporting hazardous materials, unless instructed by law enforcement.
• Exchange information with all affected parties.
• Never admit fault or apologize in a way that suggests responsibility.
• Document the scene with photos and gather witness information.
• File a police report as required by law.
• Contact your insurance company promptly.
• Contact an attorney if the accident involves serious injury, death, or significant property damage.

When Hit and Run Is a Misdemeanor in Wisconsin

Under §346.74, leaving the scene of an accident involving only property damage is a misdemeanor. For a first violation, penalties include up to six months in jail and a maximum fine of $1,000.

If the victim suffers minor injuries, penalties escalate to up to 9 months in jail and a maximum fine of $10,000.

Hitting an Unattended Vehicle

Section §346.68 addresses accidents involving unattended vehicles or property. You must:

• Attempt to locate the owner.
• If unsuccessful, leave a note in a conspicuous location containing your name, address, and a statement of circumstances.

Failure to comply is punishable by a maximum fine of $200.

What Is a Reportable Accident?

Under §346.70, you must report any accident resulting in:

• Death or injury
• Property damage exceeding $1,000
• Damage to government property exceeding $200

Reports must be made using "the quickest means of communication." Failure to report carries a fine of $25 to $50.

When Hit and Run Is a Felony in Wisconsin

Wisconsin imposes severe felony penalties for hit and run involving serious injury or death:

Class E Felony: Great Bodily Harm

If you leave the scene of an accident involving "great bodily injury," you face a Class E felony. Great bodily injury means injury that puts the victim at significant risk of death, long-term or permanent paralysis, or disfigurement.

Penalty: Up to 15 years in state prison and a maximum fine of $50,000.

Class D Felony: Death

If the victim dies, the hit and run driver faces a Class D felony.

Penalty: Up to 25 years in prison and a maximum fine of $100,000.

Complete Penalty Guide for Wisconsin Hit and Run

Wisconsin Traffic Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS) and the Wisconsin Department of Transportation:

• 2023 Traffic Deaths: 583 fatalities in Wisconsin.
• Fatality Rate: 9.9 deaths per 100,000 population (below national average of 12.2).
• Miles Traveled Rate: 0.87 deaths per 100 million vehicle miles traveled (well below national average of 1.26).
• Historical trend: At least 450 people have died in Wisconsin traffic crashes each year since 2014, with a peak of 595 in 2022.

Crash Type Breakdown (2023)

• Single-vehicle crashes: 50% of fatalities
• Multiple-vehicle crashes: 50% of fatalities
• Car occupants: 37% of deaths
• Pickup/SUV occupants: 28% of deaths
• Motorcyclists: 18% of deaths
• Pedestrians: 10% of deaths

Notable Wisconsin Hit and Run Cases

Portage County Fatal Hit and Run (2024)

In March 2024, Kenneth Butler, 43, of Wisconsin Rapids was charged with hit and run involving death and homicide by negligent operation of a vehicle following a fatal pedestrian accident on West River Drive near Stevens Point.

According to court documents, Butler struck pedestrian Herbert Wievel, 63, while driving a work vehicle and continued driving. Butler later told police he thought he hit a turkey. Investigators noted that Butler admitted to looking at a map on his phone at the time of impact and estimated he was traveling 45-50 mph in a 25 mph zone.

Butler was held on a $250,000 cash bond. At the time of his arrest, police found methamphetamine in his possession, leading to potential additional drug charges in Wood County. This case illustrates how distracted driving combined with fleeing the scene can result in multiple serious charges.

Witness and Vehicle Owner Duties

Wisconsin law places unique reporting obligations on witnesses and vehicle owners.

Witness Reporting Requirements

Under §346.675, anyone who witnesses a violation of the hit and run statutes must report it within 24 hours. The report should include:

• Description of the violation
• Location of the incident
• Damage to property or vehicles
• Vehicle color and registration number

Penalty for witnesses who fail to report: $100 fine.

Vehicle Owner Liability

Section §346.675(4)(a) states clearly:

"It shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation."

This means vehicle owners must report hit and run incidents involving their vehicles within 24 hours, even if someone else was driving.

Penalty for owners who fail to report: $1,000 fine.

Important protection: Section §346.675(6)(c) provides that liability under this section will not result in license suspension, revocation, or demerit points on the owner's driving record.

Affirmative Defenses Under Wisconsin Law

Section §346.675(4)(b)1 provides five affirmative defenses for hit and run charges:

• Reported stolen: You reported the vehicle stolen within a reasonable time before the hit and run incident.
• Fulfilled obligations: You stopped and completed all statutory requirements.
• Leased vehicle: If you lease a vehicle to someone and the lessee commits a hit and run, you are not guilty.
• Test drive: If the accident occurred during a test drive, the dealer is not guilty.
• Another conviction: Another person was convicted for the same offense.

How Victims Recover Compensation

Wisconsin is a fault state with a "contributory negligence" standard. This means the at-fault party pays, but your compensation may be reduced if you share some fault.

The state statute provides:

"Contributory negligence does not bar recovery in an action by any person or the person's legal representative to recover damages for negligence resulting in death or injury to person or property if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering."

What Victims Should Do

• Call 911 immediately.
• Document details about the fleeing vehicle (make, model, color, damage, license plate).
• Do not admit fault or comment on your health until you see a doctor.
• File a police report.
• Contact your insurance company.
• Consult with a personal injury attorney before the statute of limitations expires.

Statute of Limitations

• Personal injury claims: 3 years from the date of the accident
• Wrongful death claims: 3 years from the date of death
• Property damage claims: 6 years from the date of the accident

More Wisconsin Laws

• Wisconsin Car Accident Laws
• Wisconsin Statute of Limitations