Hit and Run - Alsbrooks Law

Failure to Stop Offenses: Failure to Stop and Render Aid (FSRA), Failure to Stop and Give Information (FSGA), Accident Involving Damage to Vehicle, and Other “Hit and Run” Crimes

“Hit and Run” offenses are criminalized under §550 of the Texas Transportation Code. The law expects drivers to meet obligations after certain automobile accidents involving another person, another vehicle, or property. A person may have completely innocent reasons for leaving the scene of an accident. If you are charged with a “Hit and Run” style offense, it is important to enlist the service of a dedicated defense attorney who will protect your rights, and scrutinize the government’s case. The Texas Transportation Code does not specifically articulate an “intentional” or “knowing” mental state associated with these offenses, but Texas courts have found that this requirement exists. The government must prove beyond all reasonable doubt that you were aware of the accident at issue, that you operated the vehicle involved in the accident, and that you violated the requirements set out in §550.

Accidents Involving Personal Injury or Death

The most serious vehicle accidents in East Texas are those that result in death or injury. The law requires that the operator of a vehicle involved in an accident that results or is reasonably likely to result in injury or death shall immediately stop the vehicle at the scene of the accident or as close to the scene as possible. If the operator is unable to stop, they must immediately return to the scene of the accident.

The operator of a vehicle must immediately determine whether another person is involved in the accident, and if another person is involved in the accident, whether that person requires aid. The operator must provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the injured person to a physician or hospital for medical treatment.

The operator must also provide certain information to others involved in the accident – the operator’s name and address, the registration number of the vehicle the operator was driving, and the name of the operator’s motor vehicle liability insurer. The operator may also be required to produce their driver’s license.

The punishment range for “Hit and Run” offenses involving death or injury can be as high as a second degree felony in cases involving death, and a third degree felony for cases involving serious bodily injury. For those less severe cases resulting in injury not classified as serious under Texas law, the punishment range could be up to a year in the county jail, up to five years in prison, or a fine not to exceed $5,000.

Accidents Involving Damage to Another Vehicle

Fortunately, many car accidents are just “fender benders” that do not result in injury or death. In these cases, Texas law still requires an operator to remain at the scene of an accident, and to provide certain information upon request by another involved driver. An operator must immediately stop their vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary. An operator must also immediately return to the scene of an accident if the operator did not initially stop in the first place.

A “hit and run” offense under this section is a Class “C” misdemeanor punishable by a fine of up to $500 if total damage to all vehicles is less than $200. If damage to all vehicles involved is more than $200, the charge becomes a Class “B” misdemeanor carrying a punishment range of up to 180 days in jail, and a fine not to exceed $2,000.

Accidents Involving Striking an Unattended Vehicle

Texas law also gives motorists certain responsibilities if they strike a vehicle that is parked or unattended. The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle or leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

A “hit and run” offense under this section is a Class “C” misdemeanor punishable by a fine of up to $500 if total damage to the vehicles is less than $200. If damage to all vehicles involved is more than $200, the charge becomes a Class “B” misdemeanor carrying a punishment range of up to 180 days in jail, and a fine not to exceed $2,000.

Accidents Involving Structures, Fixtures, or Highway Landscaping

Texas law gives motorists certain responsibilities if they strike structures, fixtures, or highway landscaping. Many Texans are not even aware this law exists. The transportation code requires that an operator of a vehicle involved in an accident resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator’s name and address and the registration number of the vehicle the operator was driving; and if requested and available, the operator must show their driver’s license to the owner or person in charge of the property.

A “hit and run” offense under this section is a Class “C” misdemeanor punishable by a fine of up to $500 if total damage to all structures is less than $200. If damage to the structures involved is more than $200, the charge becomes a Class “B” misdemeanor carrying a punishment range of up to 180 days in jail, and a fine not to exceed $2,000.