Leaving the scene of an accident, commonly known as a hit-and-run, can carry severe penalties depending on the circumstances. Whether a hit-and-run is classified as a felony or a misdemeanor depends on factors such as injuries, fatalities, and property damage. If you are involved in a hit-and-run accident, it’s important to understand the legal implications, potential penalties, and your rights under Texas law.
What is Considered a Hit and Run?
A hit-and-run occurs when a driver involved in an accident fails to stop, provide identification, or render aid to anyone injured. Texas law requires drivers to stop immediately after an accident and exchange contact and insurance details. Failing to do so can lead to criminal charges, even if the accident only caused minor property damage.
Is a Hit and Run a Felony?
In Texas, fleeing the scene of an accident can lead to felony charges depending on the severity of the incident. The law considers two key situations where a hit-and-run is classified as a felony:
- Hit-and-Run Resulting in Death: If a driver leaves the scene of an accident that causes a fatality, they can be charged with a second-degree felony. This is one of the most serious charges under Texas hit-and-run laws, as failing to stop denies the victim potentially life-saving medical attention and obstructs justice. Law enforcement treats these cases aggressively, and courts impose strict penalties on convicted offenders.
- Hit-and-Run Resulting in Serious Bodily Injury: If an accident causes serious bodily injury—defined under Texas law as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a bodily function—fleeing the scene is classified as a third-degree felony. Even if the driver was not at fault for the crash itself, leaving the scene turns the incident into a serious criminal offense.
Hit and Run Laws and Penalties in Texas
Texas law imposes severe penalties for failing to stop after an accident. The severity of the punishment depends on the extent of the damage or injury:
1. Collisions Involving Injury or Death (Texas Transportation Code § 550.021)
- Second-Degree Felony – If the accident results in death.
- Third-Degree Felony – If the accident causes serious bodily injury.
- State Jail Felony or Misdemeanor – If the accident results in an injury not classified as serious:
- Up to five years in prison or one year in county jail
- A fine up to $5,000
- Or both fine and imprisonment
2. Collisions Involving Vehicle Damage (Texas Transportation Code § 550.022)
- Class C Misdemeanor – If total damages are under $200.
- Class B Misdemeanor – If damages are $200 or more.
3. Collisions with Unattended Vehicles (Texas Transportation Code § 550.024)
- Class C Misdemeanor – If damages are under $200.
- Class B Misdemeanor – If damages are $200 or more.
Drivers must either locate the owner of the damaged vehicle or leave a written notice with their contact information and details of the accident.
4. Collisions with Highway Fixtures, Structures, or Landscaping (Texas Transportation Code § 550.025)
- Class C Misdemeanor – If damages are under $200.
- Class B Misdemeanor – If damages are $200 or more.
The driver must take reasonable steps to locate and notify the owner of the damaged property and provide their contact and vehicle information.
Can You Go to Jail for a Hit and Run?
Yes, whether a hit-and-run results in jail time depends on the severity of the accident:
- Minor Property Damage: Typically results in fines rather than jail time.
- Injury or Death: A hit-and-run involving injury can lead to up to 5 years in prison, while a fatal hit-and-run can result in up to 10 years behind bars.
What Is the Statute of Limitations for a Hit and Run?
The statute of limitations refers to the time limit for authorities to file charges against a hit-and-run driver. In Texas, the statute of limitations for filing hit-and-run charges is two years for misdemeanors and three years for felonies.
Can Hit and Run Charges Be Dropped?
In some cases, hit-and-run charges may be dropped or reduced, particularly if the driver was unaware an accident occurred, returned to the scene and provided information, or if there was a lack of evidence proving intent to flee. However, every case is unique, and legal representation is critical to explore options for reducing or dismissing charges.
Leaving the Scene of an Accident in Texas with No Injuries
If you leave the scene of an accident with only property damage, you may still face penalties. According to Texas law, failing to stop after a minor accident is classified as a Class C or Class B misdemeanor, punishable by fines.
Protecting Yourself After a Hit-and-Run Accident
If you’re the victim of a hit-and-run, take the following steps:
- Call 911 – Report the accident immediately.
- Gather Evidence – Note details like the vehicle make, model, color, and any witness statements.
- Seek Medical Help – Even if injuries seem minor, a medical evaluation is important.
- Contact a Lawyer – If you suffered injuries, a lawyer can help you seek compensation.
Left Injured by a Hit-and-Run Driver? We’ll Help You Get Justice
If a reckless driver fled the scene after hitting you, you deserve justice. A hit-and-run can leave you with medical bills, lost wages, and unanswered questions—but you don’t have to face it alone. Our Houston car accident lawyers at Mokaram Injury Lawyers will fight to hold the responsible party accountable, working tirelessly to secure the compensation you need for your recovery. Don’t let someone else’s negligence derail your future—contact us today to get the support and legal guidance you deserve.
