Getting into an accident can be stressful and overwhelming, and for some drivers, it can lead to serious legal trouble, especially if they leave the scene. Whether due to panic, fear of consequences, or uncertainty about what to do next, some drivers may choose to leave the scene of an accident. However, leaving the scene can result in criminal charges under Texas law. If you’re wondering, is a hit-and-run a felony in Texas? The answer depends on the circumstances surrounding the incident.
If you’re facing a hit-and-run charge or have accidentally left the scene, consulting an experienced car accident lawyer Houston residents trust is critical. A skilled attorney can explain the legal consequences, help protect your rights, and guide you through the process to minimize potential penalties.
What Is a Hit and Run Charge?
In Texas, a hit and run occurs when a driver is involved in an accident but leaves the scene without providing the necessary information or rendering aid. Texas law requires that drivers involved in an accident stop at the scene and provide their name, contact details, and insurance information. If you fail to do so, you could face criminal charges. Failing to do so can lead to criminal charges under Texas Transportation Code §550.021.
Is Hit and Run a Misdemeanor?
A hit and run can be considered a misdemeanor if the accident only involves property damage. The severity of the charge increases depending on the damage or if injuries or death occur, potentially escalating to felony charges under Texas Transportation Code §550.022.
What to Do if You Caused a Hit and Run?
If you left the scene of an accident, it’s important to understand that Texas law does not make exceptions for mistakes or panic. Even if the accident seemed minor or you didn’t realize the damage, leaving the scene is still a criminal offense. Here’s what happens if you cause a hit and run:
1. Leaving the Scene Is Still a Criminal Offense
If you were involved in an accident and left the scene, you can be charged with a hit and run under Texas Transportation Code §550.021. The legal consequences depend on the severity of the incident.
2. What to Do After Realizing the Mistake
If you realize that you made a mistake and left the scene, it’s important to return to the accident site as soon as possible. The sooner you return, the better it will look in the eyes of law enforcement. Here’s what you need to do:
- Return to the scene: Go back to the location of the accident as quickly as possible.
- Contact law enforcement: If you haven’t already, call 911 and report the accident.
- Provide information: Share your driver’s license, insurance details, and contact information with the other driver(s) involved and law enforcement.
- Render aid: If anyone is injured, make sure they receive the medical attention they need.
Returning to the scene can show that your actions were unintentional, and it may help reduce the severity of the consequences.
Texas Hit and Run Laws
Under Texas Transportation Code Chapter 550, drivers are legally obligated to stop in the event of any accident, regardless of whether it involves personal injury, property damage, or just hitting an unattended vehicle. The law applies to accidents involving:
- Personal injury or death
- Damage to a vehicle or property
- Striking an unattended vehicle
- Hitting a fixture or structure on the highway (e.g., a mailbox or streetlight)
Failure to stop after an accident can result in criminal penalties, including potential imprisonment in cases involving injury or fatal accidents.
Can Hit and Run Charges Be Dropped?
While hit and run charges can be severe, there are situations where charges could potentially be dropped. Our defense lawyer may argue mitigating circumstances, such as if the driver made an honest mistake, returned to the scene promptly, or wasn’t aware of the damages at the time of the accident.
What to Do If You’re Facing a Hit and Run Charge?
If you are facing charges for hit and run, whether due to leaving the scene intentionally or mistakenly, you must understand the severity of the charge. In Texas, the penalties for hit and run offenses depend largely on the severity of the accident and the consequences that follow.
1. When Is a Hit and Run a Felony?
A hit and run becomes a felony if the accident results in serious injury or death, as defined in Texas Transportation Code §550.022:
- Accident resulting in death: If the accident causes death, it’s a first-degree felony with penalties that include life imprisonment and fines up to $10,000.
- Accident resulting in serious bodily injury: If the accident causes serious injury, it’s a third-degree felony, which can lead to up to 10 years in prison and fines up to $10,000.
2. Penalties for Leaving the Scene of an Accident
If you are convicted of hit and run, the penalties depend on the severity of the incident:
- Class C misdemeanor: If the accident only involves property damage under $200, the offense falls under §550.022(a), which can result in a fine of up to $500.
- Class B misdemeanor: If property damage exceeds $200, the offense is also covered under §550.022(a)-(b), which carries higher fines and may include license suspension.
- Felony charges: If the accident causes bodily injury or death, the offense escalates to a felony under §550.022(c)-(d), with penalties including prison time and fines. First-degree felonies apply to fatalities, and third-degree felonies apply for serious bodily injury.
When to Contact a Lawyer
If you’re facing a hit-and-run charge, contacting a lawyer immediately is critical. Our experienced Houston personal injury attorney can guide you through the legal process, protect your rights, and help minimize the consequences.
- Explain your rights: Understand the legal implications and potential penalties.
- Review your case: Examine the details of the accident and applicable Texas laws.
- Develop defense strategies: Work to reduce or dismiss charges.
- Handle criminal and insurance matters: Navigate both the legal and insurance-related aspects.
Early legal support can safeguard your driving record, reduce fines, and lower the risk of serious criminal penalties.
How to Report a Hit and Run
To report a hit and run, you can call 911 or contact your local police department directly. Make sure to provide all available information, including the time and location of the accident, and any other relevant details about the vehicle or the accident. If you’ve been involved in a hit and run, it’s crucial to report the incident as soon as possible. Here’s what you should do:
- Contact the police: Immediately report the hit and run to the authorities. They will file a report and initiate an investigation.
- Provide details: Give the police as much information as possible, including any descriptions of the vehicle, license plate number, or any identifying features.
- Notify your insurance: File a claim with your insurance company, especially if you have uninsured motorist coverage.
Facing a Hit-and-Run Charge? Contact Our Lawyers
In Texas, a hit and run can escalate to a felony if the accident causes serious injury or death. Even accidental departures from the scene can lead to severe consequences, including fines, jail time, and a criminal record. If you’re facing charges or accidentally left the scene, it’s essential to consult The Law Office of Michael Bates. Our team can protect your rights, navigate the legal process, and work to minimize penalties, giving you the best chance for a favorable outcome.