What To Do If Someone Hits Your Car And Drives Off In Texas

Michael S. Callahan | | Car Accident
what to do if someone hits your car and drives off

In the blink of an eye, a hit-and-run accident can leave you feeling vulnerable, confused, and frustrated. The aftermath of such an event can be overwhelming, especially when grappling with the uncertainty of a fleeing driver. If you find yourself in this distressing situation on the roads of Texas, know that you are not alone. Our attorneys at The Callahan Law Firm are here to help you know what to do if someone hits your car and drives off in Texas.

If you or someone you know has been involved in a hit-and-run accident in Texas, having an experienced personal injury lawyer on your side will make the legal process less stressful. You can focus on getting treatment for your injuries, while our top-rated lawyers focus on your lawsuit or insurance claim.

What is a Hit-and-Run Accident?

Under Texas law, after an accident, all parties have a duty to pull over to a safe location and exchange information, including insurance information and driver’s license information. A hit-and-run accident occurs when a vehicle collides with another vehicle or collides with another object and continues to drive away intentionally, regardless of the damage or injuries caused.

How Can I Prove A Hit And Run Accident?

To be guilty of a hit-and-run accident, the prosecution, or the party filing a personal injury civil lawsuit, must show:

  • The hit-and-run driver was driving a vehicle.
  • The hit-and-run driver caused property damage or bodily injury.
  • The hit-and-run driver knew they were involved in an accident and intentionally drove away.
  • The hit-and-run driver failed to stop and provide their contact information.

Steps To Take If Someone Hits Your Car And Drives Off

If you have been injured in a hit-and-run accident in Texas, there are some steps you should take to make sure that you protect your rights.

  1. Safety should be your priority. Do not attempt to follow the driver, especially if there are heavy traffic conditions. The driver might be dangerous or have road rage.
  2. Call 911 if you or any other party are injured. The police and ambulance will arrive. The police will likely create an incident report, and an ambulance will take you to the nearest hospital for medical evaluation.
  3. Take photos of the accident location and vehicle damage. Photos and videos help attorneys investigate the circumstances of the accident, and potentially narrow down who the hit-and-run driver could be.
  4. If there were eyewitnesses who saw the accident, make sure to get down their full name and phone number. Witness testimonies are very important in personal injury accidents, especially in hit-and-run accidents.
  5. Speak to an experienced personal injury attorney as soon as possible. There is a time limit on when you could file an insurance claim or personal injury lawsuit. If you wait too long to file a claim or a lawsuit, it could be difficult to get a hold of evidence.

Texas Law On Hit-And-Run Accidents

Under Texas Transportation Code Section 550.021, all drivers involved in an accident have a duty to:

  • Stop at a safe location near the accident.
  • Return immediately to the accident location.
  • Exchange contact information with all parties involved.
  • If a party requires medical aid, then all parties must remain at the scene and call law enforcement to report the accident. If you fail to render aid, you may face fines, or up to 20 years in prison.

Penalties For Violating Hit-And-Run Laws

There are penalties for improper actions taken in a hit-and-run accident:

  • If a person fails to stop and render aid to parties who have passed away from the car accident, they may face up to a $10,000 fine and 2 to 20 years in prison. Under Texas law, this is considered a second-degree felony and manslaughter.
  • If a person fails to stop and render aid to parties who have experienced severe injuries, they could face up to a $10,000 fine and up to 10 years in prison. Under Texas law, this is considered a third-degree felony.
  • If a person fails to stop and render aid to parties who have experienced any injuries, including minor injuries, you may face up to a $5,000 fine and a year in prison.

Not only could you face criminal charges from the state, but the injured party could also file a personal injury civil lawsuit against you.

Seeking Compensation And Legal Action

After a hit-and-run accident, the Texas police generate an incident report. Then, the police start to investigate the accident to narrow down and find the hit-and-run driver. If the hit-and-run driver is found, you have the right to hold them responsible for the losses you have suffered from the accident.

Under Texas law, you have the right to hold the negligent driver responsible for various damages, including:

  • Economic damages: These damages have invoices and bills, such as medical bills, lost wages, lost future earning capacity, and property damage to your vehicle.
  • Non-economic damages: These damages can be more challenging to calculate, and involve more of the emotional trauma that the injured had to suffer.
Handling Hit-And-Runs when the Driver is Missing

Handling Hit-And-Runs when the Driver is Missing

Unfortunately, sometimes, the hit-and-run driver is never found. In that case, your experienced personal injury attorney may file a claim with your insurance company. Car insurance policies have uninsured motorist coverage for hit-and-run cases, which means that you could recover justice from your insurance company if you have been involved in an accident with an individual who does not have car insurance.

For more information on filing an uninsured motorist coverage claim with your insurance company, call our experienced car accident attorneys.

Impact On Insurance Premiums After A Hit-And-Run Accident

Many people are hesitant when filing a claim with their insurance company for a hit-and-run accident. Many fear that their insurance rates will go up. Premiums may go up if you are at fault for the car accident.

There are several factors that insurers consider when determining premium increases, including the age of the vehicle, whether you have made any claims in the past, and any new members added to your policy.

Call Our Experienced Hit And Run Accident Attorneys For More Information

Hit-and-run accidents could be very complex, and require an experienced attorney. Rest assured, our Texas law firm has decades of experience representing hit-and-run accident injured parties. We also provide no-cost consultations where you can discuss your case. Contact us today.

With a long-standing settlement and judgment success rate, our Houston car accident attorneys are here to help you get the compensation you deserve.

FAQs

What Happens If You Hit-And-Run A Parked Car In Texas?

It is still considered hit and run, and you could face fines and criminal charges. You should leave a note or attempt to contact the parked car owner.

Who is liable in a car accident, owner or driver in Texas?

Liability depends on the circumstances of the accident. A car owner could be held responsible for negligently providing their vehicle to another driver.

Can you sue a hit-and-run driver in Texas?

When a hit-and-run driver is located, you can file a lawsuit against the negligent driver for compensation.

What happens if someone drives your car and they get in an accident in Texas?

If someone drives your car and is involved in an accident, you could also be held responsible if they were driving negligently. It depends on who caused the accident.