Call Us Now
Email Us Now
What is a Hit-and-Run?
In the State of Texas, leaving the scene of an accident is known as a hit-and-run and is considered a serious criminal charge. The technical, legal name for the charge is “failure to stop and give information.” The Transportation Code indicates that drivers must stop following accidents that involve:
- Injury or death
- Damage to a vehicle
- Collision with an unattended vehicle
- Collision with a fixture, structure, or highway landscaping
According to the law, drivers who collide with an unattended vehicle have a responsibility to immediately stop and attempt to locate the owner of the vehicle. If the owner cannot be located, then the driver should leave contact information containing their name, address, and circumstances of the accident.
Additionally, Texas law indicates that when an accident involves another vehicle or multiple vehicles, a driver must immediately stop at the site of the crash or as close as safely possible. All involved drivers should exchange personal information, including name, address, vehicle registration number, insurance provider, and driver’s license information. Drivers are also expected to provide reasonable assistance for any injured party, which includes transportation to or facilitation of medical care.
Failure to uphold these obligations may result in misdemeanor or even felony charges, depending on the circumstances of the accident.
What are the Penalties for Leaving an Accident Scene?
Failure to stop after an accident, striking an unattended car, or colliding with a structure or fixture is penalized as follows:
- Class C misdemeanor for damage to structures or fixtures that is less than $200, punishable by a fine of up to $500
- Class B misdemeanor for damage to structures or fixtures that is $200 or more, punishable by up to six months in jail and a fine of up to $2,000
Failure to stop after an accident with an occupied vehicle is penalized as follows:
- Class C misdemeanor for damage to vehicle less than $200, punishable by a fine of up to $500
- Class B misdemeanor for damage to vehicle exceeding $200, punishable by up to six months in jail and a fine of up to $2,000
The penalties associated with leaving an accident that results in injury or death are significantly more serious and include:
- Second-degree felony for accidents resulting in death, punishable by up to 20 years in prison and a fine of up to $10,000
- Third-degree felony for accidents resulting in serious bodily injury, punishable by up to 10 years in prison and a fine of up to $10,000
- County jail felony for accidents not resulting in death or serious bodily injury, punishable by up to five years imprisonment and a fine of up to $5,000
In Texas, the term “serious bodily injury” means any injury that imposes a significant risk of death or that results in death, serious permanent disfigurement, or protracted loss or impairment of the function of a body member or organ.
What are Common Reasons for a Hit-and-Run?
There are many reasons a hit-and-run may take place. Some of these reasons may warrant additional criminal charges.
- Failure to maintain auto insurance
- Failure to maintain a valid driver’s license
- Driving while under the influence of drugs or alcohol
- Illegal immigration status
- Commission of other illegal activity
What Should be Done if Involved in a Hit-and-Run?
There are two crucial steps to take if involved in a hit-and-run accident:
First, do not speak to the police without consulting an attorney. Law enforcement may suspect your involvement but will have difficulty proving it without admitting guilt. Admitting guilt may lead to an arrest or the issuance of a citation.
Second, do not speak to an insurance company to report the accident without first consulting an experienced attorney. It is common for insurance companies to record phone calls and provide evidence to law enforcement. This can be used against you for criminal proceedings.
Consult an attorney at Cory Roth Law Office as soon as possible for any involvement in a hit-and-run case.
What Defenses May be Used in a Hit-and-Run Case?
Several possible defenses exist in a hit-and-run case. The best defense will need to be discussed with an attorney and will depend on the circumstances surrounding the accident.
The location of the accident may be the easiest defense to prove because the Transportation Code that is outlined above does not apply to:
- Private access ways or parking areas to private residential properties
- Garages or parking lots that charge for storing or parking motor vehicles
- Private properties
Another possible defense includes that you were not the operator of the vehicle at the time of the accident. Being the owner of the vehicle is not enough for a conviction. The State bears the responsibility of proving that you were the driver during the event.
An optional defense may include a lack of intent to provide personal information following an accident. In instances of unforeseen circumstances, you may not have the choice to provide the necessary information, such as personal injury that requires immediate medical attention. Cases such as this reflect that it was not your intention to neglect your duty to provide information following an accident.
You owe no duty to stop and provide information if you have no knowledge of or reason to know that a vehicle or property was damaged. This defense hinges on the element of whether you knew or should have known of damage. A common example involves a light collision where both drivers inspect their vehicles and do not see damage but later realize that there is damage.
Do I Need an Attorney?
If you or a loved one have been involved in a hit-and-run accident, you need an attorney immediately to avoid serious consequences. Call Cory Roth Law Office today at 832-400-4133 or fill out a contact form for a consultation.