A car accident is a painful and shocking experience, often leaving an accident victim facing frightening injuries and uncertainty about their recovery. When another driver causes the accident and leaves the scene without trying to help or give their contact information, it’s even more traumatic. Unfortunately, hit-and-run accidents are not as uncommon as you might think. According to AAA, hit-and-run accidents are increasing, with over 700,000 hit-and-run crashes in the U.S.in an average year.
If you’ve been injured in a hit-and-run accident, it’s important to know the hit-and-run laws in Texas and your options for recovering compensation. Reach out to our skilled car accident attorney in La Porte, TX for a free consultation today.
Texas Law Compels Involved Drivers to Remain at the Accident Scene
After an accident, all involved drivers must remain at the scene if the accident causes injury, fatality, or property damage. Drivers must stay at the site until the police arrive and take contact information before clearing them to leave. The law also states that drivers should move their vehicles aside when possible to minimize disruption to traffic flow.
Texas law under Sec. 550.001 states the following:
“The operator of a vehicle involved in a collision that results 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…”
If an involved driver does not stop at the scene of an accident that results in injury or death, they face felony charges. If the accident causes an injury, the hit-and-run driver faces third-degree felony charges, while an accident resulting in death is a second-degree felony charge.
What Do I Do After a Hit-and-Run Accident In Texas?
It’s difficult to remain calm and take purposeful action after a traumatic car accident, especially if you’re seriously injured and unable to move safely; however, in some cases, an injury victim can use their phone after a hit and run and quickly snap a photo of the fleeing driver’s license tag, or get a good description of the driver, the make, model, and color of their car, and the direction in which they are heading. Then, call 911 to report the accident and inform the dispatcher that the driver has fled the scene. Give them a description of the vehicle and driver, as well as the direction they were traveling.
After you’ve had emergency medical treatment, call your auto insurance company to report the hit-and-run accident. Then, call an experienced Texas car accident lawyer.
Can I Still Recover Compensation After a Hit-and-Run Accident?
Under the fault-based injury laws in Texas, the driver who causes an accident is responsible for the damages, typically through a claim against their auto liability insurance. Unfortunately, if the at-fault driver flees the scene, it isn’t possible to hold them liable for damages unless they are apprehended and have valid auto insurance. In most cases, hit-and-run drivers leave the accident scene because they lack insurance, lack a valid driver’s license, or have an existing warrant for their arrest. Instead, an experienced car accident lawyer can recover compensation for your damages by pursuing other avenues.
How Can a Texas Car Accident Lawyer Help My Hit-and-Run Accident Case?
An experienced personal injury lawyer will investigate the accident to look for sources of compensation. Potential avenues include filing a claim against the injury victim’s uninsured/underinsured motorist coverage, their collision coverage, or seeking compensation for a third-party contributor to the accident, such as the manufacturer of a defective car part, seatbelt, or airbag. In other cases, compensation may be available by filing a claim against a negligent road maintenance or road-planning agency.
Contact Linebaugh, Dority & Associates to learn about your legal rights after a hit-and-run.