Being involved in a traffic accident is stressful enough, but leaving the scene without fulfilling your legal obligations can transform a simple accident into serious criminal charges.
In Texas, these “hit and run” or “leaving the scene of an accident” offenses carry significant penalties that can impact your freedom, finances, and future.
If you’re facing such charges, consulting with an experienced criminal defense lawyer is crucial to protecting your rights and developing an effective defense strategy.
Call us now at (972) 528-0478 for immediate assistance with your case.
Common Scenarios Leading to Hit and Run Charges
Many people face hit and run charges in situations where they may not have realized they were breaking the law:
- Panic response: Some drivers flee out of fear or shock immediately following an accident
- Misconception about damage: Believing minor damage doesn’t require stopping
- Alcohol or drug involvement: Fear of DWI charges leading to leaving the scene
- License issues: Driving without a valid license or insurance
- Confusion about responsibilities: Not understanding legal obligations after an accident
- Collision with unattended vehicles: Not knowing how to handle hitting a parked car
Understanding when and how these charges apply can help you avoid making a difficult situation worse.
Texas Hit and Run Laws: Legal Requirements After an Accident
Texas Transportation Code has specific requirements for drivers involved in accidents. These requirements vary depending on whether the accident involves:
Death or Injury Accidents
Under §550.021 of the Texas Transportation Code, if you’re involved in an accident resulting in death or personal injury, you must:
- Stop immediately at the scene or as close as possible without creating unnecessary traffic hazards
- Return to the scene if you drove away before fulfilling other requirements
- Remain at the scene until you’ve provided required information and rendered aid
- Provide assistance to injured persons, including arranging transportation to medical facilities if necessary
Failing to comply with these requirements in an accident involving death or injury is one of the most serious traffic offenses in Texas.
Property Damage Accidents
Section §550.022 requires drivers involved in accidents causing property damage to:
- Stop at the scene without obstructing traffic more than necessary
- Remain at the scene until you’ve fulfilled all information exchange requirements
- Exchange information with other involved drivers or property owners
Striking Unattended Vehicles
If you hit a parked car under §550.024, you must:
- Attempt to locate the owner of the damaged vehicle
- Leave a note in a conspicuous place with your contact information if the owner cannot be found
- Include your name, address, and information about the circumstances of the accident in the note
Damaging Highway Fixtures or Landscaping
For accidents involving damage to highway fixtures or landscaping (§550.025), you must:
- Take reasonable steps to notify the owner of the property
- Provide your contact information to the property owner or person responsible for it
Information Texas Drivers Must Provide After an Accident
Under §550.023 of the Texas Transportation Code, drivers involved in accidents must provide:
| Information Required | Details |
|---|---|
| Personal identification | Full legal name and current address |
| Vehicle information | Registration number (license plate) |
| Insurance details | Name of insurance company and policy information |
| Driver’s license | Show proof of license if available |
| Assistance | Render reasonable assistance to injured persons |
Failure to provide this information can result in separate charges, even if you initially stopped at the scene.
Penalties for Leaving the Scene of an Accident in Texas
The severity of penalties depends on the consequences of the accident:
Death or Injury Accidents
| Accident Result | Offense Level | Potential Penalties |
|---|---|---|
| Death or serious bodily injury | Third-degree felony | 2-10 years in prison and/or fine up to $10,000 |
| Any injury | Felony | Up to 5 years in prison or up to 1 year in county jail and/or fine up to $5,000 |
Property Damage Accidents
| Damage Amount | Offense Level | Potential Penalties |
|---|---|---|
| Less than $200 | Class C misdemeanor | Fine up to $500 |
| $200 or more | Class B misdemeanor | Up to 180 days in jail and/or fine up to $2,000 |
Unattended Vehicle Damage
| Damage Amount | Offense Level | Potential Penalties |
|---|---|---|
| Less than $200 | Class C misdemeanor | Fine up to $500 |
| $200 or more | Class B misdemeanor | Up to 180 days in jail and/or fine up to $2,000 |
Beyond Criminal Penalties: Additional Consequences
The ramifications of a hit and run conviction extend beyond immediate criminal penalties:
Driver’s License Consequences
A hit and run conviction can lead to:
- License suspension if classified as a habitual traffic violator (four moving violations in 12 months or seven in 24 months)
- Points on your driving record under the Texas Driver Responsibility Program
- Surcharges of $100 for the first six points and $25 for each additional point
Long-Term Impact
These convictions can also affect:
- Insurance rates, with significant premium increases
- Employment opportunities, especially for jobs requiring driving
- Professional licenses in fields that consider criminal history
- Immigration status for non-citizens
- Educational opportunities and college admissions
The Driver Responsibility Program and Point System
The Texas Driver Responsibility Program assigns points for moving violations:
- Two points for most moving violations
- Three points for violations involving a crash
Accumulating six or more points within three years triggers:
- Annual surcharges of $100 for the first six points
- Additional fees of $25 for each point above six
- Annual assessment for as long as points remain on your record (three years from date of conviction)
This program creates a financial burden that continues long after any court-imposed penalties are satisfied.
Defenses to Leaving the Scene of an Accident Charges
Several legal defenses may apply to hit and run charges:
Lack of Knowledge
You can’t be convicted if you genuinely didn’t know:
- An accident occurred
- You struck another vehicle, person, or property
- Your vehicle caused damage or injury
Identity Issues
The prosecution must prove you were driving the vehicle. Defenses include:
- Mistaken identity
- Someone else was driving your vehicle
- Vehicle identification errors
Necessity or Emergency
In rare cases, leaving the scene may be justified due to:
- Medical emergencies requiring immediate attention
- Threats to personal safety at the accident scene
- Need to reach an area with cell service to call for help
Legal and Factual Defenses
Technical defenses may include:
- The accident occurred on private property not covered by the statute
- Damage fell below the statutory threshold
- Improper police procedure in gathering evidence
Our Experience With Hit and Run Cases
At the Law Offices of Richard C. McConathy, we have extensive experience defending clients against hit and run charges across Texas. Our firm has successfully handled thousands of criminal cases since 2002, with many resulting in dismissals, charge reductions, or not guilty verdicts.
We approach each hit and run case with thoroughness and attention to detail, examining all evidence including:
- Police reports and accident reconstructions
- Witness statements and contradictions
- Video footage from traffic or surveillance cameras
- Physical evidence from vehicles involved
- Communication records showing attempts to report the accident
While each case is unique and results depend on specific circumstances, our track record demonstrates our commitment to achieving the best possible outcomes for our clients.
What To Do If You’ve Been Charged With Leaving the Scene
If you’ve been charged with leaving the scene of an accident:
- Exercise your right to remain silent when speaking with law enforcement
- Do not make statements about the accident without an attorney present
- Document everything related to the incident and your arrest
- Gather information about witnesses and evidence that might help your case
- Contact an experienced criminal defense attorney as soon as possible
Don’t wait to get legal help. Call our office at (972) 528-0478 for a confidential consultation about your case.
Our Experienced Texas Criminal Defense Attorneys Are Here To Help
At the Law Offices of Richard C. McConathy, we understand how frightening these charges can be.
Our firm has protected the futures of men, women, and youths charged with misdemeanors, felonies, and DWI in Texas since 2002.
Whether you’re in Dallas County, Tarrant County, or anywhere in the DFW Metroplex, a criminal defense lawyer from our firm will work tirelessly to:
- Examine all evidence against you for weaknesses or inconsistencies
- Identify procedural errors by law enforcement that might benefit your case
- Explore all possible defenses under Texas law
- Develop a strategic approach tailored to your specific situation
- Fight for the best possible outcome at every stage of the process
Don’t let hit and run charges derail your life. Our team understands the prosecution’s techniques and will leverage all available defenses to fight for the best outcome in your case. Contact us today at (972) 528-0478 for a consultation about your case.
Frequently Asked Questions About Hit and Run Charges
If I didn’t cause the accident, can I still be charged with leaving the scene?
Yes. Your obligation to stop and provide information applies regardless of who was at fault in the accident.
What if I left the scene but returned later?
Returning to the scene may mitigate the severity of the offense but doesn’t eliminate it. The law requires immediate stopping and remaining at the scene until all requirements are fulfilled.
What if I didn’t know I hit something or someone?
This can be a valid defense if credible. However, the standard is whether a reasonable person would have been aware of the collision.
Can I just settle with the other driver privately after leaving the scene?
No. Even if you later compensate the other party for damages, the criminal offense of leaving the scene has already occurred and can still be prosecuted.
How long does the state have to file hit and run charges?
The statute of limitations for misdemeanor hit and run is generally two years, while felony charges typically have a three-year limitation period.