What to Know About Hit and Run Accidents in Texas

Hit and Run Accidents Are a Serious Problem in Texas

A hit and run accident occurs when a driver involved in a collision flees the scene without stopping to exchange information, render aid, or report the accident as required by law. Texas ranks among the worst states in the nation for hit and run accidents, with thousands occurring every year on Texas roads.

Victims of hit and run accidents face unique challenges. Beyond the physical injuries, they must deal with the frustration and uncertainty of not knowing who hit them. They may believe they have no legal options because the other driver disappeared. That belief is wrong. Texas law provides multiple avenues for hit and run victims to pursue compensation and justice.

Texas Law Requires Drivers to Stop After an Accident

Under Texas Transportation Code Section 550.021, the driver of a vehicle involved in an accident resulting in injury or death must immediately stop at the scene or as close to it as possible. The driver must then provide their name, address, vehicle registration number, and insurance information to the other parties involved. If anyone is injured, the driver must also render reasonable assistance, including calling for emergency medical help.

Failing to stop after an accident involving injury or death is a felony in Texas. Under Section 550.021, a hit and run resulting in serious bodily injury is a third-degree felony punishable by 2 to 10 years in prison and fines up to $10,000. A hit and run resulting in death is a second-degree felony punishable by 2 to 20 years in prison.

Even in accidents involving only property damage, Texas Transportation Code Section 550.022 requires the driver to stop and exchange information. Failing to stop after a property damage accident is a misdemeanor.

What to Do Immediately After a Hit and Run

If you are the victim of a hit and run, the steps you take in the first few minutes can determine whether the at-fault driver is ever identified.

Try to observe and remember details about the fleeing vehicle. The make, model, color, and license plate number are the most useful pieces of information. Even a partial plate number can help law enforcement narrow the search. Note the direction the vehicle was traveling when it left the scene.

Call 911 immediately. Report the accident and provide whatever description you can of the fleeing vehicle. A police report is essential for both the criminal investigation and your insurance claim.

Look for witnesses. Other drivers, pedestrians, and nearby business owners may have seen the accident. Get their names and contact information before they leave the scene.

Check for surveillance cameras. Many intersections have traffic cameras. Nearby businesses, gas stations, and residential properties may have security cameras that captured the accident or the fleeing vehicle.

Take photos of everything. Photograph your vehicle's damage, the accident scene, any debris left by the other vehicle, skid marks, and any paint transfer on your car. Paint transfer can be analyzed to determine the make, model, and color of the other vehicle.

Seek medical attention. Even if your injuries seem minor, go to the emergency room or an urgent care clinic. You need a medical record connecting your injuries to the accident.

How to Identify the Hit and Run Driver

Law enforcement will investigate the hit and run, but their resources are limited. Your personal injury attorney can conduct an independent investigation that goes beyond what the police do.

An experienced attorney will subpoena surveillance footage from nearby businesses and traffic cameras before it is overwritten. They will work with forensic experts to analyze vehicle debris and paint transfer. They will canvass the area for witnesses. They will check social media and online platforms for reports of the accident. And in some cases, they will hire a private investigator to track down leads.

Identifying the hit and run driver is important for two reasons. First, it allows you to pursue a claim against that driver's liability insurance. Second, in Texas, a criminal conviction for fleeing the scene can be powerful evidence of fault in the civil case.

Your UM Coverage Is Your Safety Net

If the hit and run driver is never identified, your uninsured motorist (UM) coverage becomes your primary source of compensation. Under most Texas auto insurance policies, a hit and run qualifies as an "uninsured motorist" event because the unknown driver has no insurance available to you.

To file a UM claim for a hit and run, you generally need some corroborating evidence that another vehicle was involved in the accident. This can include the police report, witness statements, physical evidence like paint transfer or debris from the other vehicle, or surveillance footage. Texas courts have required this corroboration to prevent fraudulent claims where a driver damages their own vehicle and blames a phantom hit and run driver.

If you carry UM coverage, your own insurance company will handle the claim. But remember that your own insurer has the same financial motivation to minimize your payout as any other insurance company. Having an attorney negotiate your UM claim ensures that you receive the full value of your coverage.

What If You Do Not Have UM Coverage

If you declined UM coverage or do not carry auto insurance, your options are more limited. You can still pursue a claim against the hit and run driver if they are identified, but if they are never found, you may have no insurance source to cover your damages.

This situation highlights why UM coverage is so important for Texas drivers. The cost of adding UM coverage to your policy is relatively low compared to the financial devastation of being injured by an uninsured or unidentified driver. Texas Insurance Code Section 1952.101 requires every auto insurance company in Texas to offer UM/UIM coverage. If you previously declined it, consider adding it to your policy now.

The Statute of Limitations Still Applies

Even though a hit and run accident involves a criminal investigation, the civil statute of limitations still applies. Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the accident to file a personal injury lawsuit. If the at-fault driver is identified after a lengthy investigation, you may be running short on time. The sooner you contact an attorney, the better your chances of preserving your legal options.

Do Not Assume You Have No Options

Hit and run accidents are frustrating and frightening. But you are not without recourse. Between UM coverage claims, independent investigations, and the possibility of identifying the fleeing driver, there are multiple paths to compensation.

Contact Medina and Medina at (512) 883-0012 for a free consultation. We will investigate your hit and run accident, pursue every available source of compensation, and fight to hold the responsible party accountable. You pay nothing unless we win.