Being involved in a car crash is stressful, but leaving the scene of an accident can make things significantly worse. Texas law has little tolerance for hit-and-run incidents, and not staying on the scene could lead to severe legal consequences. At The Law Firm of Aaron A. Herbert, P.C., we focus on the defense of drivers charged with these offenses throughout Dallas, TX. If you or someone close to you has been accused of leaving the scene of an accident, it is important to know your rights and responsibilities.
What should you do if you're involved in an accident?
First and foremost, never leave the scene. Texas law requires all drivers involved in a crash to stop immediately, even if no one appears to be injured. According to the Texas Department of Motor Vehicles, failing to stop can lead to severe penalties, including suspending your driver's license.
Once you've stopped, follow these essential steps:
Check for injuries, move to safety, and call law enforcement
Ensure that you and any passengers are safe. If anyone is hurt, call 911 immediately for medical assistance. If possible, pull your vehicle out of traffic to prevent further accidents. If there are injuries, fatalities, or significant property damage, notify the local police, sheriff, or Texas Highway Patrol.
Exchange information
Texas law mandates that you provide the following details to other parties involved:
- Your name, address, and contact details
- Driver's license number
- The license plate number of your vehicle
- Auto insurance details
Gather evidence and file a crash report if required
Take photos of the accident scene, vehicle damage, and visible injuries. If a police report isn’t filed and damages exceed $1,000, you must submit a Driver’s Crash Report to the Texas Department of Transportation within 10 days.
Why you shouldn't leave the scene of an accident?
Leaving the scene of an accident can turn a simple mistake into a criminal offense. Texas law considers hit-and-runs a serious violation, even in minor accidents. Here’s why staying is always the right choice:
Legal consequences
Failing to stop can result in criminal charges ranging from misdemeanors to felonies, depending on the accident's severity. A hit-and-run conviction can lead to increased fines, longer probation periods, and mandatory community service, further impacting your future.
Increased penalties
If you leave, you could face additional fines, a suspended license, or jail time. In severe cases, your vehicle may also be impounded, and you could be required to complete mandatory defensive driving courses.
Insurance complications
Fleeing the scene may lead to your insurance company denying coverage for damages, leaving you financially responsible.
Moral and ethical responsibility
Providing aid to injured parties could be the difference between life and death. By staying, you fulfill your legal and moral obligations, ensuring victims receive timely assistance. Additionally, demonstrating responsibility at the scene may positively impact your legal standing, showing good faith in the aftermath of an accident.
Stronger legal defense
Remain at the scene and follow legal procedures. Your car attorney will have a better chance of defending you if any disputes arise later, ensuring that all necessary evidence is preserved and witness statements are properly documented.
Are there any penalties for hitting and running?
Yes, Texas law imposes strict penalties for hit-and-run offenses. According to Texas Transportation Code Section 550.022, failing to stop after an accident can lead to the following consequences:
Class C misdemeanor
You may face fines but no jail time if the damage is less than $200.
Class B misdemeanor
If property damage exceeds $200, penalties include fines and possible jail time of up to six months.
Third-degree felony
If the accident results in serious bodily injury, you could face two to ten years in prison and up to $10,000 in fines.
Second-degree felony
If someone dies as a result of the accident, the penalties increase to two to twenty years in prison and up to $10,000 in fines.
Additionally, leaving an accident scene can lead to a permanent criminal record, higher insurance premiums, and long-term difficulties in employment and housing applications.
Facing hit-and-run charges? Call us today
If you're accused of leaving the scene of an accident, you need experienced legal representation. At The Law Firm of Aaron A. Herbert, P.C., we specialize in defending clients in Dallas, TX, against hit-and-run charges. Our legal team understands Texas traffic laws and will work tirelessly to protect your rights. Call us now at 214.200.4878 for a free consultation, and let us help you navigate this complex legal situation.
Frequent Ask Questions
1. What should you do if another driver flees the scene?
- Gather information: Note the fleeing car’s make, model, color, and license plate if possible.
- Find witnesses: Get names and contact details of anyone who saw the crash.
- Document the scene: Take photos of the damage, debris, and the surrounding area; nearby surveillance cameras may have captured footage.
- Contact police: File a report with all gathered information to help locate the other driver.
Inform your insurance company: Report the incident quickly. If the other driver isn’t found, you may need to file an uninsured motorist claim, as suggested in the referenced YouTube video.
2. Can returning to the scene or reporting the accident later reduce penalties?
Yes. While fleeing is still a crime, voluntarily returning to the scene or reporting promptly to a police station may show good faith and reduce the severity of charges or penalties. Always consult with a lawyer before making a statement to the authorities.
Please read: What to Do If Someone Hits My Parked Car and Leaves?