Leaving the scene of a car accident in Texas is illegal and can result in felony or misdemeanor charges.
If you were injured in a hit-and-run accident or hit by a driver who left the scene of an accident, seek medical attention for any injuries and report the accident to law enforcement as soon as possible.
At Shamieh Law, we know it can be confusing and complicated as you try to figure out how to move forward after an accident where the driver fled the scene. Our experienced hit-and-run attorneys can help you understand your legal options and fight for the justice you deserve.
- Texas Law Requires All Motorists To Stop When Involved in an Accident
- Can You File a Claim for a Hit-and-Run Accident?
- What Are the Penalties for Leaving the Scene of an Accident?
- Common Charges After a Hit-and-Run Accident
- What Should You Do After a Hit and Run Accident?
- What Is the Difference Between a Hit-and-Run and Leaving the Scene of an Accident?
- Frequently Asked Questions
- Contact a Hit and Run Lawyer at Shamieh Law
Texas Law Requires All Motorists To Stop When Involved in an Accident
Under Texas law, drivers have specific legal responsibilities after any accident involving injury, death, or property damage. Failure to comply with these legal duties can lead to misdemeanor or felony charges. Generally, drivers who were involved in a crash must:
- Stop immediately at the scene of the accident.
- Return to the scene immediately if they did not stop after the collision
- Immediately determine whether anyone was hurt and whether they need medical assistance
- Provide aid to anyone who has been hurt, including transporting them to the hospital if necessary
- Stay at the scene until you have provided contact and insurance details, including your driver’s license
If the other driver left without stopping or providing information, it could be considered a hit-and-run accident. However, the circumstances matter. If someone had to leave the scene because of their injuries, unsafe road conditions, or another emergency, it might not qualify as a hit-and-run accident. A skilled attorney can help you assess the facts of your situation.
Can You File a Claim for a Hit-and-Run Accident?
Yes, you can file an insurance claim for damages related to a hit-and-run accident in Texas. Whether your insurance company will cover those damages depends on the type of insurance you carry. Collision, uninsured motorist (UM), personal injury protection (PIP), and medical payments (MedPay) coverage are all forms of insurance that can cover hit-and-run damages.
What Are the Penalties for Leaving the Scene of an Accident?
| Classification | Punishment | |
|---|---|---|
| Death of a Person | Second-degree felony |
|
| Serious Bodily Injury | Third-degree felony |
|
| Any Other Injury | N/A |
|
| Property Damage Only | Class C Misdemeanor |
|
Common Charges After a Hit-and-Run Accident
Depending on what happened before, during, or after the crash, a driver could face multiple criminal charges beyond just leaving the scene of an accident. These charges can include:
- DWI: If the driver was intoxicated, they could be charged with a DWI in different degrees.
- Reckless driving: Speeding and dangerous conduct could lead to reckless driving charges.
- Failure to render aid: If the driver did not assist an injured party, additional charges may apply for failing to assist with their legal duty.
- Failure to provide information: Failing to provide identification and insurance information could result in penalties.
- Driving with a suspended or revoked license: Driving with an invalid license or without a license can result in additional charges.
- Fleeing from police: Evading law enforcement during the incident can lead to additional charges.
Any of these additional charges could increase the potential penalties for a driver and carry consequences that extend beyond fines. Additional consequences could include jail or prison time, license suspension, and a permanent criminal record.
What Should You Do After a Hit and Run Accident?
If you have been involved in a hit-and-run accident, there are important steps you can take to protect your legal interests. These include:
- Check for injuries and call 911: If you or someone else at the scene has obvious injuries, call for emergency help. Also, remember that not all injuries show symptoms immediately after an accident. If symptoms arise in the days and weeks following a crash, seek medical attention to assess if your symptoms are related to the accident.
- Write down everything you remember: Record as many details as you can when the accident is still fresh in your mind. This includes writing descriptions of the driver and their vehicle, including the plate number if possible.
- File a police report: You can file a police report with an officer at the scene or at a police department after the crash.
- Gather evidence: Take pictures of your vehicle and injuries, talk to witnesses, and get as much evidence as you can from the scene itself.
- Document your damages: Having a list of your injuries and property damage will help your attorney assess your claims and calculate possible damages.
- Call an attorney: Our knowledgeable car accident attorneys at Shamieh Law can help you determine how to proceed.
What Is the Difference Between a Hit-and-Run and Leaving the Scene of an Accident?
Frequently Asked Questions
What Should I Do if I Left the Scene of an Accident?
If you have already left the scene of a hit-and-run accident, return to the scene if it is safe to do so. Contact law enforcement, report the incident, and provide the requested information. If you left because of injury or danger, you can explain this to the police when you are able.
Can I Recover Damages if the Hit-And-Run Driver Is Never Found?
You may be able to recover compensation through your own uninsured motorist coverage, depending on your policy and the circumstances. An attorney can review your insurance coverage and claim options to determine if other sources to recover compensation are available.
How Long Do I Have To File a Hit-And-Run Lawsuit in Texas?
In most Texas personal injury cases, the statute of limitations for filing a lawsuit is generally two years from the date of your accident. Certain exceptions can change this deadline, so do not wait to address your claim.
Contact a Hit and Run Lawyer at Shamieh Law
If you have been injured in a hit-and-run accident, our Texas car accident lawyers can help you protect your right to compensation.
We offer free case evaluations for car accidents across Texas. Our Dallas personal injury attorneys will review your case and explain your legal options. Call (469) 813-7332 or contact us online today to find the office location closest to you and schedule your free case evaluation.