Leaving the scene of an accident can turn a stressful moment into a felony charge.
In Texas, failure to stop and render aid (FSRA) is taken seriously—and the penalties increase quickly depending on the level of injury involved. What may feel like a brief decision in the moment can carry long-term consequences.
These cases are often built on assumptions about what happened—and why.
At the Law Offices of Richard C. McConathy, we defend drivers across Dallas–Fort Worth facing these allegations and know how these cases are charged. If you’re dealing with a situation like this, working with a Traffic Offense Lawyer Dallas can help you understand your position and challenge the case early.
This guide explains how Texas defines FSRA, how penalties are determined, and the defenses that may apply.
What Texas Law Requires After a Crash
Drivers in Texas have specific duties at the scene of a crash. Those duties come from several sections of the Texas Transportation Code:
- § 550.021 – Duties at an accident involving personal injury or death
- § 550.022 – Duties at an accident involving damage to a vehicle
- § 550.023 – Information that must be exchanged and aid that must be rendered
- § 550.024 – Duties when an unattended vehicle is struck
The duties generally include stopping at or near the scene, returning if it is unsafe to stop on the road, providing your name, address, registration, and insurance information, and providing or arranging reasonable aid to anyone injured. Calling 911 is often the most reasonable form of aid.
A driver who fails to meet these duties can be charged with FSRA, even if the underlying crash was not their fault.
Penalties Under § 550.021 (Personal Injury or Death)
Failure to stop and render aid involving people is the most serious version of the offense. Penalties scale with the severity of the injury:
- Death: Felony of the second degree, punishable by 2 to 20 years in prison and a fine up to $10,000.
- Serious bodily injury: Felony of the third degree, punishable by 2 to 10 years in prison and a fine up to $10,000.
- Other injury: Punishable by up to 5 years in a state penitentiary or up to 1 year in county jail and a fine up to $5,000.
A separate criminal case for the underlying conduct, such as DWI or vehicular manslaughter, may proceed alongside the FSRA charge.
Penalties Under § 550.022 (Vehicle Damage)
Failure to stop after an accident involving only vehicle damage is generally a misdemeanor:
- Damage less than $200: Class C misdemeanor, fine up to $500.
- Damage of $200 or more: Class B misdemeanor, up to 6 months in jail and a fine up to $2,000.
These cases often involve parking lot collisions, sideswipes in heavy traffic, or low-speed bumps where one driver leaves before exchanging information.
Penalties Under § 550.024 (Unattended Vehicles)
If a driver strikes an unattended vehicle, such as a parked car, the law still requires the driver to stop and either locate the owner or leave a written notice with the driver’s name, address, and registration. Failure to do so can be charged as:
- Damage less than $200: Class C misdemeanor, fine up to $500.
- Damage of $200 or more: Class B misdemeanor, up to 6 months in jail and a fine up to $2,000.
What Counts as “Rendering Aid”
The statute requires drivers to provide “reasonable assistance” to injured persons, which can include calling 911 or arranging transportation to a medical facility when a person is unconscious, seriously hurt, or asks for help.
A driver does not have to provide medical care they are not trained to give. Calling for emergency help is generally enough. Leaving the scene without making any effort, even after a minor collision involving an injured person, is what often leads to felony charges.
Common Scenarios That Lead to FSRA Charges
These cases often start with everyday driving situations that turn into serious legal problems:
- DWI flight: A driver fears arrest for DWI and leaves the scene before officers arrive.
- Late-night collisions: A driver believes they only hit a curb or animal but actually struck a person or vehicle.
- Parking lot accidents: A driver bumps another car in a lot and leaves without leaving a note.
- Confusion about damage: Drivers exchange brief words and leave, with one party later claiming insufficient information was provided.
- Suspended licenses or warrants: A driver leaves to avoid attention to other legal issues.
If you realize after the fact that you may have been involved in a crash, speak with our Traffic Offense attorneys before contacting police or insurance.
What to Do If You Are Accused
The early days after an FSRA accusation are critical. Helpful steps include:
- Do not give a recorded or written statement to police or insurance adjusters before consulting an attorney.
- Preserve the vehicle and any photos, dashcam footage, or repair receipts.
- Identify potential witnesses including passengers, other drivers, and nearby cameras.
- Gather your own timeline of where you were and how you learned about the incident.
- Treat any social media post about the incident as evidence, including private messages.
These steps protect both the criminal defense and any civil claim that may follow.
Common Defenses to FSRA Charges
Each case is unique, but defense themes often include:
- No knowledge of the accident: The driver did not know that a collision had occurred or that a person was involved. Knowledge is a required element under § 550.021.
- Reasonable performance of duty: The driver did stop, exchange information, or attempt to do so before leaving.
- Identification disputes: Witness identifications and license plate readings can be unreliable, especially at night.
- Faulty investigation: Vehicle damage, scene measurements, or surveillance interpretation may not match the prosecution’s narrative.
- No “serious bodily injury”: The injury alleged may not meet the statutory threshold, which can reduce a felony to a lesser offense.
- Constitutional issues: Improper interrogation, unlawful searches of vehicles, or violations of Miranda may lead to suppression.
A successful defense often relies on careful timeline reconstruction, accident reconstruction, and challenges to the state’s evidence about who was driving and what they knew.
How FSRA Cases Often Connect to Other Charges
Many FSRA cases come with companion charges, including:
- DWI under Texas Penal Code Chapter 49
- Intoxication assault or intoxication manslaughter when alcohol or drugs are involved and someone is injured or killed
- Driving while license invalid or driving without insurance
- Reckless driving
A coordinated defense strategy looks at the case as a whole rather than each charge in isolation.
Why Choose the Law Offices of Richard C. McConathy
Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have handled hit and run, FSRA, intoxication assault, and intoxication manslaughter cases across 16 counties in North Texas. We know how investigators reconstruct collisions and how to challenge questionable identifications.
To discuss a leaving-the-scene case, contact our Criminal Defense Lawyer Dallas or reach our team through our contact page.
Frequently Asked Questions
Is failure to stop and render aid a felony in Texas?
It can be. When an accident causes serious bodily injury, FSRA is a third-degree felony, and when it causes death it is a second-degree felony. Lower-level injuries and vehicle-only damage are usually charged as misdemeanors.
What if I did not know I hit someone or something?
Knowledge is a required element of FSRA. If you genuinely did not know a collision had occurred, that may be a defense. The state has to prove that you were aware of the accident and chose not to comply with your duties.
Do I have to stop for minor property damage in Texas?
Yes. Texas law requires drivers to stop and exchange information after any accident that damages a vehicle. For unattended vehicles, leaving a written note with your information may satisfy the duty.
What if I left because I was scared or in shock?
Fear or shock is understandable but does not eliminate the legal duty. Returning to the scene, contacting the police, or self-reporting through an attorney can help mitigate the situation. Our attorneys often guide clients through the safest way to address this.
Can a hit and run case be reduced or dismissed?
Yes, in some cases. Reductions and dismissals depend on the evidence of identification and knowledge, the level of injury, and the client’s prior record. Our attorneys evaluate every angle, from suppression motions to plea reductions and trial defense.