A car accident is a traumatic, sometimes life-altering experience, especially when it’s a serious crash that ends in injuries or the death of a loved one. When an involved driver leaves the scene of the accident before the police and emergency services arrive, it adds to the shock and distress of the crash.
Leaving the scene of a car accident in Texas not only subjects the hit-and-run driver to criminal charges, but it also poses challenges to an injury victim who wishes to recover their losses, such as property damage, medical expenses, lost wages, and compensation for pain and suffering. Reach out to our experienced La Porte car accident attorney to discuss your case with a legal professional today.
What Does the Law Require of Involved Drivers After a Texas Car Accident?
Texas law defines a driver’s responsibility under Texas Transportation Code § 550.021 in the following way:
“The operator of a vehicle involved in a collision that results in or is reasonably likely to result in injury to or death of a person shall:
- Immediately stop the vehicle at the scene of the collision or as close to the scene as possible;
- Immediately return to the scene of the collision if the vehicle is not stopped at the scene of the collision
- Immediately determine whether a person is involved in the collision, and if a person is involved in the collision, whether that person requires aid; and
- Remain at the scene of the collision…”
The law then defines leaving the scene of an accident with injuries or a fatality as a criminal offense. A hit-and-run driver faces second or third-degree felony charges depending on the severity of the injuries and or fatalities. Convictions come with substantial fines and prison time.
Additionally, Texas law requires uninjured drivers with operable vehicles to move to the side of the roadway to prevent the risk of further collisions and facilitate continued traffic flow.
Why Do Drivers Leave the Scene of a Car Accident In Texas?
In some cases, adrenaline after an accident triggers panic or the fight-or-flight response, causing drivers to leave the accident scene. Head injuries and the resulting confusion may also cause a driver to leave the scene of a car accident.
In these cases, the driver often returns to the accident scene or reports their involvement to the police later. Unfortunately, it is more common for drivers to flee the scene of an accident for reasons such as the following:
- They lack a valid driver’s license
- They lack auto insurance
- They were driving while under the influence of alcohol or drugs
- There is an existing warrant for their arrest for other charges
- They are in possession of illegal drugs, weapons, or other contraband
Leaving the scene of an accident is particularly egregious when accident victims are seriously injured or incapacitated and the fleeing driver fails to give reasonable aid or call 911.
What Options Does an Injury Victim Have for Compensation After the Responsible Driver Leaves the Accident Scene?
Many Texas drivers carry uninsured motorist coverage. Although the state does not require this as part of its mandatory insurance coverage, all insurance providers must offer it as an optional coverage. A motorist must sign a written waiver declining this coverage if they don’t want to carry it.
If an injured car accident victim has uninsured/underinsured motorist coverage, they may file a claim for their damages, such as medical expenses, lost wages, and compensation for pain and suffering, against this policy. Additional compensation may be available if they’ve added the optional collision coverage to their policy.
An experienced truck accident attorney investigates all aspects of the accident and may file a claim against other parties that contributed to the accident, such as a negligent road maintenance agency that left debris or failed to clear foliage away from a traffic sign, or the manufacturer of a defective car part.
Finally, in some cases, the police apprehend the hit-and-run driver. In such cases, an injury victim may file a claim against the at-fault driver’s insurance, provided they have a valid policy. Alternatively, they may file a lawsuit against the at-fault driver’s personal assets.