Fleeing the scene of an accident in Texas, commonly referred to as a “hit-and-run,” carries harsh consequences regardless of the incident’s severity. Many individuals are stunned to discover that even slight property damage can result in felony charges, substantial fines, and potential time behind bars. Given that Texas prosecutors aggressively pursue these cases, understanding your constitutional rights is essential. Consulting an experienced Dallas County Criminal Lawyer as early as possible can dramatically impact the outcome of your case. 

What is Considered a Hit-and-Run in TX?

A “hit-and-run” is legally defined as a driver who fails to stop, provide identification, or offer aid after any accident. This violation applies to crashes involving another vehicle, property damage, a pedestrian, or cyclists. State law mandates that drivers exchange information and remain at the scene until they are legally permitted to depart. Fleeing the scene, even if done unintentionally, instantly creates criminal liability for the driver. Common examples of a hit-and-run include:

  • Backing into a parked vehicle without leaving your contact information
  • Sideswiping another vehicle and intentionally driving away
  • Leaving after a fender-bender
  • Hitting an animal and failing to notify authorities
  • Failing to stay at the scene due to panic or fear

It should be noted that under Texas law, “panic” is not a valid legal defense, regardless of the driver’s underlying intentions.

What Are the Penalties for Leaving the Scene of an Accident?

The penalties for a hit-and-run offense are directly proportional to the severity of the accident and resulting damages or injuries.

  • Minor Incidents: Leaving the scene of an accident with only limited property damage typically results in a Class C misdemeanor.
  • Incidents Resulting in Injury: If you flee the scene of an accident that caused an injury to another person, you may face a third-degree felony offense. Penalties for this crime can include a fine of up to $10,000 and imprisonment ranging from two to ten years.
  • Incidents Resulting in Death: In the tragic event that a hit-and-run accident results in the death of another person, the charge will escalate to a second-degree felony. The penalties for this offense can include fines up to $10,000 and imprisonment of two to ten years.

It is crucial to understand that hit-and-run charges can be stacked in addition to other applicable offenses stemming from the accident, such as reckless driving or driving while intoxicated (DWI).

Are There Defenses to Hit-and-Run Charges?

If you have been accused of a hit-and-run in Texas, it is crucial to contact an experienced criminal defense attorney, as the potential penalties for this offense can be exceptionally harsh. At Spangler Law, we are prepared to thoroughly investigate the circumstances of your case to formulate the most effective defense strategy given the unique circumstances of your case. For instance, we may argue that you were attempting to locate a safer place to stop, particularly if the incident occurred on a busy highway or in an otherwise unsafe area. Alternatively, if you were injured, your defense could revolved around the fact that you panicked and drove away in search of immediate medical care.

As you can see, penalties for hit-and-run accidents are serious, yet those facing these charges still possess legal rights and available defense options. Immediate consultation with a skilled attorney is essential to protect your freedom, finances, and reputation.