“Hit and run” is a serious criminal offense. An individual can be charged when they fail to stop after being involved in a car accident that resulted in property damage and/or injury or death to another driver or pedestrian. It is also referred to as “leaving the scene of an accident.” The perpetrator might be charged with either a misdemeanor or a felony, depending on the degree of damage and/or injury caused by the accident.
The Texas law requires a driver to stop and take certain steps after they are involved in a crash that results in property damage or injury. Failing to stop and do what is necessary may lead a driver to be charged with the crime of leaving the scene of an accident. Rather than fleeing, a driver should do the following:
- Stop or Return Immediately: If an accident has caused injury or death to another individual, a driver should stop and give aid or call for help. They should provide their personal information, i.e., accurate contact information, to others involved, if possible, and to the police. They should show their driver’s license when asked to do so.
- Stop Where Safe: Even if an accident has caused only damage to other vehicles or property, an individual should stop as closely as is safe to the occupied vehicle. They should provide their personal information and driver’s license if asked for it.
- Stop and Locate Owner: If a driver causes an accident with a vehicle that is not occupied, they should stop and try to locate the driver or owner. Again, they want to provide their contact information. They can leave a note with their contact information in a place where it is likely to be seen, e.g., under a windshield wiper.
- Stop and Try to Find the Owner: If a driver causes damage to fixtures, e.g., a roadside sign, or highway landscaping, they want to stop and try to locate the owner or a person in charge of the property. Again, they want to provide their contact information and driver’s license if asked. If the damage is likely to exceed $1,000, it would be advisable to make a report of it to the nearest law enforcement agency.
If a driver fails to take any of these steps, they may end up getting arrested and charged with
leaving the scene of an accident.
A driver should recognize that law enforcement may be able to link an individual’s vehicle to an accident and show that the driver was operating the vehicle when the accident happened. They may be able to determine the state of issue and number of a license plate from witnesses. In addition, they may rely on physical evidence, e.g., damage to the driver’s vehicle that is consistent with the way the accident happened.
The police may initiate a criminal charge by sending the driver a letter telling them that they are a suspect and they want to conduct an interview of the driver. Or, law enforcement might mail a citation charging the crime to the driver.
In serious hit and run accidents, i.e., those in which another driver or pedestrian was seriously injured or killed, prosecutors may choose to seek an indictment from a grand jury that would charge the individual with a felony criminal offense.
What Are the Penalties for a Hit and Run?
If the perpetrator left the scene of an accident that involved death or serious injury, they would be charged with a 3rd-degree felony in Texas. If convicted, they could be sentenced to imprisonment for 2 to 10 years and payment of a fine of up to $10,000.
If the accident were to cause injury to the victim that was not serious, they could be punished by up to 1 year in a county jail or up to 5 years in state prison. They could also be sentenced to payment of a fine of up to $5,000.
Hit and run involving damage to an occupied vehicle is a Class C misdemeanor. The punishment if the damage to all vehicles involved amounts to less than $2,000 would be a fine of up to $5,000.
If the damage to all of the vehicles involved amounts to more than $2000, the crime is a Class B misdemeanor. The punishment is incarceration for up to 6 months in a county jail. The same punishment would be imposed for hit and run involving a parked car or for hit and run that causes damage to fixtures or landscaping and not vehicles.
Of course, the essential element of all these offenses is causing injury and/or damage without stopping to respond and report the accident.
What Should I Do if I Am Involved in a Hit and Run Accident?
What an individual should do if they are involved in a hit and run accident depends on the role they have played in the incident. If they were a victim left at the scene of an accident by another driver, they should call the police and then cooperate with the officers in investigating the accident to identify the other driver or drivers.
An individual who has been victimized would also want to contact their auto insurance company to make a claim. They may also want to have a legal consultation before they contact their insurance company. A Texas lawyer can help an individual understand what they are entitled to and how to go about getting the full compensation to which they are entitled by their auto insurance policy.
If an individual believes that they left the scene of an auto accident and the police want to question them, they should first contact a local Texas lawyer. They should not speak to the police without first talking to an attorney. The police very often know it was a certain individual’s vehicle involved in the incident, but are not able to prove it unless the individual admits it. And if they admit it, they would be arrested and charged or cited.
The individual should also not contact their auto insurance company to report the accident without first speaking to an attorney. An insurance company records phone calls and may provide police with evidence that could be used against an insured in a criminal case.
An attorney can represent a driver involved in a hit-and-run incident in dealing with both law enforcement and their insurance company. They may prevent them from having a criminal record and possibly save them money as well.
It is important to remember that an individual does not have to talk to the police about what happened. They may simply tell the police that they need to speak to their lawyer. Of course, an individual must provide their contact information, driver’s license and insurance information to the police if asked for it.
How Much Money Should I Ask for in a Settlement?
The amount of money that a victim of a hit-and-run would ask for as the settlement in a personal injury lawsuit is based on the amount of money that would fully compensate them for the losses they suffered. A Texas personal injury lawyer would be able to provide additional information about how much an individual might expect to recover in damages for their injury and property damage.
Texas law entitles an individual who is injured by a driver’s negligence or intentional wrong to recover an amount that compensates them for their injuries and any property damage they suffer. So they would be able to recover compensation for treatment for any physical injury, e.g., the costs of their medical care, and earnings they may lose because they cannot work.
They could also recover damages to compensate them for any permanent effect that their injury has on their lifestyle, e.g., a loss of earning capacity.
In addition, an individual may recover an amount that would fully compensate them for their property damage. So, if an individual’s car is destroyed, they might recover the full value of the car. If their car is only damaged, they could recover the amount needed to fully repair the car.
Lastly, an individual is entitled to compensation for their pain and suffering. In cases in which they were victimized by extremely egregious conduct on the part of others involved, they may recover punitive damages.
Are There Any Defenses for a Hit and Run?
Possible defenses would include the following:
- Lack of Knowledge or Awareness: A driver might argue that they honestly did not know that they had been involved in an accident with another car or a pedestrian. They might credibly argue that they were not aware of the contact.
- Fear or Duress: A driver might claim that they were forced to flee the scene because of fear or duress. Perhaps another driver involved in an accident pulled out a gun, and the situation developed into a road rage incident.
- Lack of Intent: A driver may claim that they did not have the criminal intent necessary for a conviction. To be guilty, a driver must have knowingly and intentionally left the scene, so if a driver’s departure was not knowing and intentional, they cannot be guilty.
- Emergency Situations: A driver may be able to show that they had to leave because of an emergency, e.g., a passenger in their car needed to be taken to the emergency room for immediate medical attention.
- Mistaken Identity or Misidentification: A driver may be able to show that they were not in fact the driver of the vehicle that caused injury and/or damage and fled the scene. They have been misidentified as the perpetrator of the crime.
Do I Need a Lawyer if I Have Been Charged With a Hit and Run?
If you have been charged with hit and run, you want to consult a Texas hit-and-run attorney. LegalMatch.com can put you in touch with an attorney who can review your case and communicate on your behalf with both law enforcement, your insurance company, and the insurance company of any other people who may claim damages from you.
Talking to a hit-and-run attorney immediately can spare you lots of trouble in the future and help you achieve the best possible outcome.
