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Texas’s hit and run laws are not to be taken lightly. Also known as “leaving the scene of an accident,” these laws come with serious civil—and sometimes criminal—consequences. Having the right information can help ensure that you make responsible and correct decisions if you ever get into a car accident in Texas. So, here it is!

Your Legal Responsibilities after a Car Accident

Most people understand that, after an accident, you should call 9-1-1 and wait for help to arrive. But not many people know that you are also required by law to do other things as well. Depending on what kind of accident you’ve been involved in, you might have to provide a statement, contact the owner of the vehicle, and even render first aid if somebody is injured.

Car Accidents Involving Injury or Death

Immediately after the accident, you must stop your vehicle and—if applicable—return to the scene of the accident. If you are not injured, you are legally required to approach the other vehicles that were involved in the accident and see if anybody needs first aid or other emergency assistance. If possible, you must provide that assistance to the best of your ability.

You are also required to show your driver license and provide personal information to the other drivers and first responders.

Naturally, you are not required to do any of this if you are the one who died.

Car Accidents Involving Damage to an Occupied Vehicle

The first thing you should do after a car accident involving property damage but no injury is to bring your vehicle to a stop in a position that does not block traffic. If the other drivers/passengers require assistance, you must provide it. You are also required to show your driver license and provide personal information to the other drivers and first responders.

Car Accidents Involving Damage to an Unattended Vehicle

An example of this is if you’re driving a vehicle and accidentally crash into a parked car that has nobody inside of it. The first thing you should do is park in a way that does not block traffic. Next, try to locate the driver or owner of the vehicle and provide them with your contact information and identification.

If you cannot find the driver or owner of the vehicle, you can instead leave a note with your contact information and identification in an obvious place on their vehicle. Do not write on their vehicle! Consider using a piece of notebook paper or a business card and placing it under their windshield wipers if the local laws allow for that.

Car Accidents Involving Damage to Fixtures or Highway Landscaping

Typically, you will be the only person involved in such an accident as this. If you accidentally damage property in such a manner, you are legally required to take “reasonable steps” to contact the owner of said property. You must then provide them with your contact and identification information.

In this kind of accident, you do not need to alert the police or file a police report unless the damage is estimated to cost at least $1,000.

Hit and Run Penalties in Texas

The penalties for hit and run in Texas vary depending on the circumstances of the accident. For example, leaving the scene of an accident involving injury or death is a felony, whereas leaving the scene of an accident involving minor property damage is a misdemeanor. Let’s break it down in greater detail with the following table:

Description	Classification	Jail Time	Fine Amount
Serious Injury or Death	Third-Degree Felony	2-10 Years	Up to $10,000
Non-Serious Injury	Felony	Up to Five Years	Up to $5,000
Property Damage (More than $200)	Class B Misdemeanor	Up to Six Months	Up to $2,000
Property Damage (Less than $200)	Class C Misdemeanor	None	Up to $500

What Should I Do If I Committed a Hit and Run?

First things first, call a lawyer. No matter what happened, no matter whose fault it is, no matter anything, call a lawyer. Lawyers will be able to tell you whether you have broken the law, what you should say to police, and how you can reduce the possibility of going to jail.

Do not talk to the police or your insurance company or admit to anything. Let your lawyer do the talking unless your lawyer instructs you otherwise.

Reasons Drivers Fail to Give Information

In the state of Texas, you can be charged with a hit and run violation if you forget to provide your information to the other people involved in the accident. Here are a few common examples of what causes people to fail to provide information and what you can do if you find yourself in the same situation:

Fearing the Consequences of Being Found Liable for the Accident

One of the most common reasons people fail to provide their information is the fear of getting in trouble for the accident. But think about it this way: The accident already happened. The police will hear about it one way or another. It is much better to be present when they arrive so that the other people involved in the accident are not the only people telling the police what happened.

Having No Auto Insurance

Driving without insurance is a crime in every state in the country—and most people know that. If you’re worried about what’s going to happen to you after being involved in a car accident with no insurance, try to stay calm. It’s better to receive a ticket for driving with no insurance than it is to be arrested on felony hit and run charges.

There’s always a chance you can beat a ticket, but those chances are reduced exponentially with the addition of criminal charges.

Driving on a Suspended License

This is similar to driving with no auto insurance. It is important to know that just because you have broken one law doesn’t mean you should break more. If the accident has already happened, one way or another, you are going to encounter the police. 

It is better to be charged with driving on a suspended license now than it is to be charged with driving on a suspended license and committing a hit and run when they catch you.

Driving While Intoxicated or under the Influence of Alcohol And/Or Drugs

Drivers who are afraid of being caught and convicted of a DWI, DWAI, or other kind of DUI, will occasionally leave the scene of an accident so as not to be arrested. However, as we’ve said earlier in this article, breaking one law is not cause to break another. 

Leaving the scene of an accident while drunk turns that DWI into a DWI and a hit and run, potentially extending your jail time from 3 days to 3,653 days.

Already Having One or More DWI Convictions

Texas state law requires that repeat DWI offenders be imprisoned for 2 to 10 years. However, so does Texas’s hit and run law. In other words, after committing your third DWI, which results in an accident, if you commit a hit and run you could be doubling your prison sentence.

Being an Illegal Immigrant

Lawsuits in Texas are not predicated on immigration status. That means immigrants—whether legal or illegal—have the right to sue and be sued. Being an illegal immigrant in a car accident is not necessarily going to result in deportation. However, being an illegal immigrant convicted of a hit and run violation will almost certainly result in deportation.

Having Committed Some Other Illegal Activity

If you are involved in illegal activity, we at WinIt simply suggest that you cease doing so at once. If you are involved in a car accident while in the middle of committing other forms of illegal actions, your chances of getting out of the charges increase. For this reason, people often choose to risk further penalties by committing yet another crime: Hit and run.

What Information Should I Give at the Scene of an Accident?

If you have been involved in an accident, whether it involves another person or just their property, you must provide all of the following information to the driver/owner before leaving the scene:

• The name of the person who was operating the vehicle at the time of the accident.
• The address of the person who was operating the vehicle at the time of the accident.
• The vehicle’s registration number.
• The driver license information of the person who was operating the vehicle at the time of the accident.

Do not forget, you must also provide aid and assistance to anybody involved in the accident who needs it.

Hit and Run Defences

When it comes to hit and run charges in Texas, there are a few common defences. Before committing to one of the following methods, be sure to consult with an attorney.

You Were Not Operating the Vehicle

If you were not the person operating the vehicle at the time of the accident, you cannot be charged with hit and run. That means, even if you are the passenger in a vehicle when a hit and run is committed, the driver will be held responsible—not you.

You Did Not Intentionally Fail to Provide the Required Information

If you simply forgot to provide your information or you accidentally provided the wrong information, you may be able to get out of the hit and run charges. You must be able to prove that you did not intentionally deceive the other driver/owner and would have provided the necessary information if you had a chance to do so.

You Did Not Have Sufficient Knowledge of Any Damage

If you are under the impression that no damage has been done, then you might not be held liable for the hit and run. The argument here is that you should not be charged with leaving the scene of an accident when you did not know an accident had occurred.