In the chaos of a car accident, emotions can run high. But fleeing the scene without stopping, checking for injuries, or reporting the incident can have serious consequences. In Texas, this act is legally defined as a “hit and run”, and depending on the circumstances, it can be charged as a felony. Whether you’re trying to understand your rights as a victim or avoid legal trouble yourself, it’s important to know how Texas treats these offenses. Speaking with a Houston car accident lawyer can provide valuable insight into your legal options and help you navigate the next steps.
What Is Considered a Hit and Run in Texas?
A hit and run occurs when someone involved in a motor vehicle accident leaves the scene without stopping to exchange information or render aid. Texas law requires that any driver involved in a crash, whether it involves property damage, injury, or death—must take certain steps before leaving:
- Stop as close to the scene as possible
- Check on other drivers, passengers, or pedestrians
- Call 911 for medical or police assistance, if needed
- Provide your name, address, vehicle registration, and insurance information
- Show your driver’s license when asked
Failure to do any of these may result in criminal charges under Texas Transportation Code Section 550.
Is a Hit and Run Always a Felony?
Not every hit and run in Texas is a felony. The seriousness of the offense depends on the outcome of the accident. In general, Texas law classifies hit and run charges based on the level of damage, injury, or death involved.
Hit and Run with Property Damage
If a driver leaves the scene after causing only property damage, such as hitting a parked car or fence:
- Less than $200 in damage: Class C misdemeanor, punishable by a fine up to $500
- More than $200 in damage: Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000
These are not felony charges, but they still carry legal consequences.
Hit and Run with Injury or Death
Things escalate quickly when someone is hurt or killed in the accident.
- Injury: Leaving the scene of an accident involving injury is a third-degree felony in Texas. Penalties include 2 to 10 years in prison and fines up to $10,000.
- Serious bodily injury: The same third-degree felony charge applies, even if the victim survives.
- Death: If someone dies as a result of the accident, fleeing the scene becomes a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
So yes, hit and run can absolutely be a felony in Texas, especially when human life or health is at risk.
What the Law Requires After an Accident
To avoid hit and run charges, Texas law requires drivers to act responsibly after a collision. These are the exact steps you are expected to follow:
- Stop your vehicle immediately, or as close to the accident scene as possible.
- Do not obstruct traffic more than necessary.
- Provide assistance to anyone who is injured. This may include calling emergency services.
- Exchange driver information with the other party.
- If the accident involves an unattended vehicle or property, leave a note with your contact and insurance information in a clearly visible location and report the accident to law enforcement.
Ignoring these steps, even in panic, can result in serious criminal charges.
Common Scenarios That Lead to Hit and Run Charges
Understanding real-world examples can help clarify how easily someone may find themselves facing hit and run charges in Texas:
- A driver hits a parked car and drives off without leaving a note or contacting police
- Someone rear-ends another vehicle and speeds away in fear of being uninsured
- A motorist clips a cyclist or pedestrian and leaves the scene in a panic
- A person involved in a fatal accident flees to avoid arrest for another offense, such as DUI
In all of these cases, the law treats the act of fleeing as an additional and separate crime from the accident itself.
Legal Defenses to a Hit and Run Charge
Being accused of hit and run is serious, but not every case leads to conviction. Some possible legal defenses may include:
- You were unaware an accident occurred, especially in low-impact cases
- You feared for your safety if you had stopped (e.g., in a dangerous area)
- You left the scene to get emergency help and returned later
- You were not the actual driver of the vehicle at the time
However, these defenses require strong evidence and are best handled by a qualified criminal defense attorney.
What to Do If You Are a Victim of a Hit and Run in Texas
If you are the victim of a hit and run, your priority should be your health and safety. Then, take these steps as soon as possible:
- Call 911 to report the accident and request medical or police help
- Document the scene with photos, including damage, debris, and vehicle location
- Write down everything you remember, including the vehicle’s make, model, color, license plate, or direction of travel
- Talk to witnesses who may have seen the accident or gotten details
- File a police report and get a copy for your insurance and legal records
Even if the other driver is never caught, you may still be able to recover damages through uninsured motorist coverage or by filing a civil lawsuit.
Can You Sue After a Hit and Run Accident?
Yes, you can. If the hit and run driver is identified, you have the right to file a personal injury lawsuit for damages. These may include:
- Medical bills and emergency care
- Future treatment and rehabilitation
- Pain and suffering
- Lost wages or reduced earning capacity
- Emotional distress and trauma
Texas has a two-year statute of limitations for personal injury claims, so it’s important to act quickly if you plan to seek compensation.
Dhanani Law Can Help Hit and Run Victims Seek Justice
At Dhanani Law, we understand the devastation and frustration that comes with being a hit and run victim. Whether you were injured while walking, driving, or biking, we are here to help you hold the responsible party accountable and recover the compensation you deserve.
Our legal team will investigate your case, communicate with insurers, and build a strong claim so you can focus on healing.
If you or a loved one was hurt in a hit and run accident in Texas, contact Dhanani Law today for a free consultation.
