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Hit and Run Laws in the United States (2026 Guide)

Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 9, 2026. · 11 primary sources cited on this page. How we verify our legal content

Hit and Run Laws in the United States (2026 Guide)

Frequently Asked Questions

Is a hit-and-run a felony or misdemeanor?

It depends on the severity and the state. Property-damage-only hit-and-runs are typically misdemeanors. Hit-and-runs involving injury or death are felonies in most states, though Michigan grades a failure to stop after a crash causing injury short of serious impairment as a 1-year misdemeanor under MCL 257.617a. Michigan handles the serious cases separately under MCL 257.617, where a crash causing serious impairment or death is a felony carrying up to 5 years, rising to 15 years when the fleeing driver caused a fatal crash. Virginia classifies even property damage over $1,000 as a felony.

What is the penalty for a hit-and-run involving death?

Penalties for fatal hit-and-run generally range from about 2 years at the low end to 30 years in Florida, where leaving a fatal crash is a first-degree felony punishable under Fla. Stat. 775.082(3)(b). Florida also imposes a mandatory minimum of 4 years, and Pennsylvania a mandatory minimum of 3 years. Massachusetts sets 2.5 to 10 years in state prison with at least 1 year that cannot be suspended. Vermont allows up to 15 years, with a 1-year minimum, and Michigan allows up to 15 years when the fleeing driver caused the fatal crash.

What should I do if someone hits my parked car and leaves?

Document the damage with photos, check for witnesses and nearby surveillance cameras, file a police report, and contact your insurance company. Your collision coverage will cover repairs minus your deductible. If the driver is later identified, your insurer can pursue them for reimbursement.

Will my insurance go up after a hit-and-run claim?

Generally no. Since you were the victim and not at fault, most insurers will not raise your premiums. However, practices vary by company and state. Filing under your own collision coverage requires paying your deductible.

How long do police investigate a hit-and-run?

Investigation timelines vary based on severity and available evidence. Fatal and serious injury cases receive priority and may remain open for years. Minor property damage cases with no leads may receive limited investigation. Providing a license plate number, witness information, or camera footage significantly increases the chances of identifying the driver.

Can I be charged with hit-and-run if I did not know I hit something?

Lack of knowledge is a valid defense in most states. The prosecution generally must prove you knew or should have known a collision occurred. However, courts evaluate this based on the circumstances, including the severity of the impact and damage.

Are hit-and-run deaths still rising?

Not in the most recent data. IIHS figures show pedestrian hit-and-run deaths peaked at 1,939 in 2022, then fell to 1,844 in 2023 and 1,749 in 2024. Hit-and-run drivers still account for about 25% of all pedestrian deaths, up from 20% in 2015.

Updates

Governing law re-checked for recent changes

Corrected the maximum-penalty figure for fatal hit-and-run. The page previously topped out at 15 years; a fatal hit-and-run in Florida is a first-degree felony punishable by up to 30 years under Fla. Stat. 775.082(3)(b), and that ceiling now appears in the lede, the key takeaways, the penalty table and the FAQ. Corrected the Michigan penalty citation, which pointed at MCL 257.617a (a section covering injury crashes only) rather than MCL 257.617, which carries the serious-impairment and fatal-crash felonies, and restated both Michigan tiers with figures. Clarified that a Virginia Class 5 felony may be punished either as a felony or, at the court's or jury's discretion, as a misdemeanor. Refreshed the crash statistics through 2024, which show pedestrian hit-and-run deaths falling from their 2022 peak, corrected the national uninsured-driver rate to 14.0%, and cleaned up the source list.

Independently fact-checked against the cited primary sources

Sources and References

  1. NHTSA Fatality Analysis Reporting System (FARS) - National Traffic Fatality Totals(www-fars.nhtsa.dot.gov).gov
  2. IIHS - Pedestrian Fatality Facts (hit-and-run pedestrian deaths, 2015-2024)(iihs.org)
  3. AAA Foundation - Hit-and-Run Crashes Study(aaafoundation.org)
  4. Florida Statutes 316.027 - Crash Involving Death or Personal Injuries(flsenate.gov).gov
  5. Florida Statutes 775.082(3)(b) - First-Degree Felony Punishable by Up to 30 Years(flsenate.gov).gov
  6. 23 V.S.A. 1128 - Vermont: Duty to Stop and Render Assistance; Penalties(legislature.vermont.gov).gov
  7. Pennsylvania 75 Pa.C.S. 3742 - Accidents Involving Death or Personal Injury(palegis.us).gov
  8. Mass. Gen. Laws ch. 90, s. 24 - Leaving the Scene After Causing Injury or Death(malegislature.gov).gov
  9. Virginia Code 46.2-894 - Duty to Stop at Scene(law.lis.virginia.gov).gov
  10. Virginia Code 18.2-10(e) - Punishment for Class 5 Felonies(law.lis.virginia.gov).gov
  11. MCL 257.617 - Michigan: Failure to Stop After Accident Causing Serious Impairment or Death(legislature.mi.gov).gov
  12. MCL 257.617a - Michigan: Duty to Stop After Accident Resulting in Injury(legislature.mi.gov).gov
  13. Insurance Information Institute - Uninsured Motorists (Insurance Research Council estimate)(iii.org)
  14. USAGov - National Highway Traffic Safety Administration(usa.gov).gov
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