If you have been accused of a hit-and-run accident in Dallas or the surrounding area, it’s important to understand that you are not just looking at a simple traffic ticket. A hit-and-run is a serious criminal offense in Texas that occurs when a driver fails to stop and exchange information or provide aid after being involved in a collision, as per Texas Transportation Code Chapter 550. The penalties for this crime are severe and should not be taken lightly. Please continue reading to learn the consequences of a hit-and-run in Texas and how a competent Dallas County Criminal Lawyer can help defend your rights.

What Legally Constitutes a Hit-and-Run in Texas?

When you are involved in a car accident in Texas, you are legally required to stop and exchange contact and insurance information with the other party involved. It’s important to note that if the driver is not present, you still need to leave your information so they can contact you. If you leave the scene of an accident without fulfilling your legal obligation, it constitutes a hit-and-run. Even if you do stop after the crash, but leave before the police arrive or before you can exchange information, it will still be considered a hit-and-run.

Required Duties After a Texas Accident

  • Stop immediately at or near the accident scene
  • Assess the scene to determine if anyone needs medical assistance
  • Provide the required information, like your name, address, vehicle information, and insurance details
  • Show your driver’s license, if requested
  • Administer reasonable aid, like calling for emergency services when required
  • Remain until all necessary information has been provided

Common Examples of Hit-and-Runs

  • Backing into a parked vehicle and driving away without leaving contact information
  • Leaving the scene after a minor fender bender without exchanging information
  • Driving off after hitting a pedestrian or bicyclist

What Must the Prosecution Prove in a Texas Hit-and-Run?

In order to secure a conviction, the prosecutor must establish specific legal elements that prove, beyond a reasonable doubt, that you are guilty of leaving the scene of an accident before exchanging the necessary information.

Elements the State Must Prove

  • You were involved in the accident
  • You knew, or should have known, that a collision occurred
  • The accident caused property damage, injury, or death
  • You failed to stop at the scene and remain as required
  • You did not provide the required information or administer reasonable assistance at the scene

What are the Criminal Penalties of a Dallas Hit-and-Run

In Texas, the penalties for a hit-and-run vary in severity depending on the unique circumstances of the accident. In general, the more serious the injury, the more severe the charge.

Property Damage Only

If there is minimal property damage and no injuries, the driver can be charged with a Class C or B misdemeanor, depending on the value of the damage. This is the lowest level of criminal offense in Texas.

  • Minor Damage Under $200:
    • Class C misdemeanor
    • Fine up to $500
  • Damage Exceeding $200:
    • Class B misdemeanor
    • Fine up to $2,000

Accident Resulting in Injury

If the accident results in serious bodily injury, the driver can be charged with a third-degree felony, which is punishable by a fine of up to $10,000 and a prison sentence between two and ten years.

Accident Resulting in Death

If the crash results in death, the driver can be charged with a second-degree felony, which is punishable by a fine of up to $10,000 and a prison sentence of between two and twenty years.

Additional Penalties Beyond Jail Time and Fines

It’s important to understand that, while potential time in prison and hefty fines are the most serious consequences, there are a number of other penalties you may face if you are charged with a hit-and-run in Dallas that can have a considerable impact on your future.

Driver’s License Consequences

  • Potential suspension by the Texas Department of Public Safety
  • Significant administrative penalties in addition to the fines imposed by the criminal court
  • Increased insurance premiums

Criminal Record and Long-Term Impacts

  • Potential permanent felony conviction on your background check
  • Difficulty obtaining employment
  • Implications for professional licenses
  • Immigration consequences for visa-holders and non-citizens
  • Difficulty obtaining loans

Can a Hit-and-Run Be Charged in Conjunction with Other Offenses?

In Dallas County, felony hit-and-run charges are generally handled through the Dallas County District Attorney’s Office while proceeding through one of the criminal district courts within the county, while misdemeanor cases are handled in the Dallas County criminal courts at law. While the same statutory laws and regulations apply across the state, local charging and other procedures may vary from court to court.

It’s incredibly common for the Dallas County prosecutor’s office to charge leaving the scene of an accident with other crimes. These “companion charges” often include:

  • Driving while intoxicated (DWI)
  • Reckless driving
  • Failure to render aid
  • Vehicular manslaughter (if the accident results in death)

It’s important to understand that being charged with multiple offenses increases the amount of time you can spend in prison, as well as the fines and fees you can face.

Are There Defenses to a Hit-and-Run Charge?

It’s important to understand that, while there are a number of potential defenses you may be able to utilize if you are charged with leaving the scene of an accident in Dallas, the approach you and your legal representation take will depend on the unique circumstances of your case.

Potential Defense Strategies

  • The accident was so minor that you did not know it occurred
  • You stopped but relocated for safety reasons
  • A medical emergency required immediate transport to a healthcare facility
  • You were not the driver
  • You or your vehicle were misidentified

It’s important to note that panic, in and of itself, is not a statutory defense for a hit-and-run offense. However, the circumstances surrounding your exit from the scene can matter legally.

Contact an Experienced Dallas Criminal Defense Attorney Today

At Spangler Law, we understand how complex these matters can be. If you are involved in a hit-and-run accident in Texas, please don’t hesitate to contact our legal team today to learn how we can help protect your rights and fight for the best possible outcome.