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: A driver or occupant involved in a reportable crash must notify police immediately by the quickest means of communication, and the driver must file a written report with the DOT within 10 days.
• Witness reports: Anyone who observes a hit and run may report it to a traffic officer within 24 hours.
• Vehicle owner liability: Owners can be held liable even if they were not driving at the time.
• Five defenses are available to a vehicle owner charged under the owner-liability 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 punishable by a fine of $300 to $1,000, up to six months in jail, or both.

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 collisions with unattended vehicles (§346.69 covers striking fixtures or other property). You must:

• Stop immediately and locate and notify the operator or owner.
• If unsuccessful, leave a written note in a conspicuous place in the struck vehicle giving the name and address of the driver and of the owner of the striking vehicle, plus a statement of the circumstances.

Failure to comply is a non-criminal forfeiture of up to $200 under §346.74(3).

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

Notice must be given immediately "by the quickest means of communication" to the police department, sheriff's office, or traffic department, and the driver must also file a written report with the DOT within 10 days. Failing to give immediate notice carries a forfeiture of $200 to $500 for a first offense, and failing to file the written report carries a forfeiture of $40 to $200.

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 lets witnesses report a hit and run and makes vehicle owners liable for it.

Witness Reporting Requirements

Under §346.675(2), anyone who observes a violation of the hit and run statutes may report it to a traffic officer within 24 hours. The statute does not require a witness to report, and no penalty applies to a witness who does not. If possible, the report should include:

• Description of the violation
• Time and approximate location of the incident
• Registration number and color of every vehicle involved
• Type of each vehicle involved
• A description of any property other than a vehicle that was damaged

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."

Under §346.675(1), the owner of a vehicle used in a hit and run is liable for the violation itself, even if someone else was driving. The statute does not impose a separate reporting duty on owners.

Penalty for owner liability: A forfeiture of up to $1,000 when the violation involved striking a person or attended vehicle, or up to $100 when it involved an unattended vehicle or property (§346.74(6)).

Important protection: Section §346.74(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) provides five defenses to owner liability under §346.675. They do not apply to a driver charged with the hit and run itself:

• Reported stolen: The vehicle was reported stolen to a traffic officer before the violation or within a reasonable time after it.
• Driver identified: You give a traffic officer the name and address of the person who was driving, with enough information to show you were not the driver. The driver is then charged instead.
• Leased vehicle: If you lease a vehicle to someone and give a traffic officer the required lessee information, the lessee and not you is charged.
• Test drive: If the accident occurred during a test drive and the dealer identifies the driver, the driver and not the dealer is charged.
• Another conviction: Another person was convicted of the underlying hit and run violation.

How Victims Recover Compensation

Wisconsin is a fault state with a modified comparative negligence standard under Wis. Stat. §895.045. This means the at-fault party pays, your compensation is reduced by your share of fault, and you cannot recover if your negligence is greater than that of the party you are suing.

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 in 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

Frequently Asked Questions

What is the maximum penalty for hit and run involving death in Wisconsin?

Hit and run involving death is a Class D felony in Wisconsin, punishable by up to 25 years in prison and a $100,000 fine. This is one of the most severe penalties in the nation.

Can I be charged if I did not know I hit someone?

Yes. Wisconsin law does not require prosecutors to prove you knew you hit a person. The standard is whether a reasonable person would have known a collision occurred. However, lack of knowledge may be relevant during sentencing or as part of a defense strategy.

Do witnesses have a legal duty to report hit and run accidents?

No. Under Wis. Stat. 346.675(2), a person who observes a hit and run may report it to a traffic officer within 24 hours, but the statute does not require it and sets no penalty for a witness who does not report.

Can vehicle owners be held responsible for hit and runs they did not commit?

Yes. Under Wis. Stat. 346.675, the owner of a vehicle used in a hit and run can be held liable even if someone else was driving, with a forfeiture of up to $1,000 (or up to $100 for an unattended vehicle or property). This liability does not bring license suspension or demerit points, and it is a defense if the owner identifies the actual driver or the vehicle was reported stolen.

What if my car was stolen before the hit and run?

If the vehicle was reported stolen to a traffic officer before the hit and run or within a reasonable time after it, that is a defense to owner liability. Keep your police report documentation as evidence.