Leaving the scene of an accident, commonly known as a hit and run, can result in serious criminal penalties in Texas. Whether the offense is charged as a misdemeanor or a felony depends on factors such as property damage, injuries, or death. As our car accident lawyer Houston often sees, accidents involving injuries can quickly lead to complex legal consequences. Understanding your legal responsibilities after a hit-and-run accident is critical.
What is a Hit and Run?
A hit and run occurs when a driver involved in an accident leaves the scene without providing the required information, including their name, contact details, driver’s license number, and insurance information. Texas Transportation Code § 550 mandates that drivers must stop immediately after an accident, exchange information, and assist any injured individuals. Failing to stop can result in criminal charges, even if the accident only causes minor property damage.
Texas law distinguishes between hit-and-run incidents based on the level of damage caused. Whether the accident involves just property damage, injuries, or fatalities will determine how severe the charges and penalties are.
Hit and Run Penalty
The penalties for hit and run depend largely on the severity of the accident. Texas law classifies hit-and-run accidents into different categories, with escalating penalties as the severity of the injury or damage increases.
- Accidents Involving Injury or Death (Texas Transportation Code § 550.021)
- Second-Degree Felony: If the accident results in death.
- Third-Degree Felony: If the accident causes serious bodily injury.
- State Jail Felony or Misdemeanor: If the accident results in injury not classified as serious.
- Second-Degree Felony: If the accident results in death.
- Penalties for these offenses include:
- Up to five years in prison or one year in county jail
- Fines up to $5,000
- Both fine and imprisonment
- Up to five years in prison or one year in county jail
- Accidents Involving Vehicle Damage (Texas Transportation Code § 550.022)
- Class C Misdemeanor: If damages are less than $200.
- Class B Misdemeanor: If damages exceed $200.
- Class C Misdemeanor: If damages are less than $200.
- Accidents with Highway Fixtures or Landscaping (Texas Transportation Code § 550.025)
- Class C Misdemeanor: If damages are under $200.
- Class B Misdemeanor: If damages are $200 or more.
- Class C Misdemeanor: If damages are under $200.
The penalties range from minor fines to long prison sentences, depending on the accident’s severity.
Can You Go to Jail for a Hit and Run?
Yes, hit and run offenses in Texas can result in jail time, particularly if the accident involved injury or death. While minor property damage may result in fines and misdemeanor charges, more serious accidents involving injuries or fatalities can lead to several years of imprisonment.
- Minor Property Damage: Typically results in fines rather than jail time.
- Injury: A hit and run involving injury can result in up to 10 years in prison.
- Death: A fatal hit and run can result in up to 20 years in prison.
What is the Statute of Limitations for a Hit and Run?
The statute of limitations refers to the time frame in which a person can be charged with a crime. In Texas, the statute of limitations for filing hit-and-run charges is as follows:
- Two years for misdemeanors (property damage or minor injury)
- Three years for felonies (injury or death)
This means that prosecutors have up to two or three years, depending on the severity of the offense, to file charges for a hit-and-run incident.
Can Hit and Run Charges Be Dropped?
In some cases, hit and run charges can be reduced or dropped, particularly if the driver was unaware of the accident, returned to the scene and provided necessary information, or if there is insufficient evidence to prove the intent to flee. However, hit and run cases are typically serious, and the legal process can be complex. Consulting with a car accident lawyer Houston is essential to exploring all available options for reducing or dismissing charges.
Protect Yourself After a Hit and Run Accident
If you are the victim of a hit and run, it’s crucial to take the following steps:
- Call 911 immediately to report the accident.
- Gather Evidence: Note details such as the make, model, and color of the vehicle involved in the hit and run, and collect witness statements if possible.
- Seek Medical Help: Even if injuries appear minor, a medical evaluation is important for your health and your case.
- Contact a Lawyer: If you were injured, a lawyer in Houston can help you navigate the legal process and pursue compensation for damages.
Legal Help for Hit and Run Charges in Texas
In Texas, a hit and run offense can range from a misdemeanor to a felony depending on the severity of the accident. Property damage cases are typically misdemeanors, while accidents involving injury or death may result in felony charges. Convictions can carry steep fines, incarceration, and a permanent criminal record that affects your future.
If you are facing charges, you need immediate legal guidance to protect your rights and build a strong defense. If you are a victim, you deserve accountability and the opportunity to recover compensation for your losses. Contact The Law Office of Keivan S. Romero today to discuss your case and explore your legal options.