Hit and Run Car Accidents
If you’ve been injured in a hit and run car accident, you need to speak with an experienced car accident lawyer right away. Contact us online or call to schedule your free consultation.
Brad Parker, the founder of Parker Law Firm, tells us what we can do after being involved in a hit-and-run accident.
What to Do Immediately After a Hit and Run Car Accident
In traffic laws, a hit-and-run accident is defined as the act of causing a collision and then fleeing the scene. Every 43 seconds, someone in the U.S. is involved in a hit-and-run accident. A recent study by the AAA Foundation for Traffic Safety found that Texas has the eighth highest number of fatal hit-and-run car accidents in the country.
- Call the Police and Note the Details: When the police arrive on the scene, give as much information as possible. If you aren’t injured, try to take detailed notes of what happened. These things can include the make, model, and color of the vehicle. Take note of unique details such as a bumper sticker and record the time of the accident and the direction the other vehicle was headed when they could last be seen. It would be ideal if you can give the license plate number of the hit-and-run driver’s car. If that is not the case, describe the vehicle and the driver in as much detail as possible.
- Take Photos and Talk to Witnesses: Capture photos of the accident scene and any damage to the vehicle. If anyone witnessed the accident, ask them to stay and talk to the police. They may have been in a better position to see the driver or to note the runaway car’s license plate. Also ask for their name and contact information. Take down the names and badge numbers of the officers at the scene. It will make it easier to get the police report once it’s ready.
- Seek Medical Attention: Even if there is no immediate pain and it seems like there are no obvious injuries, get checked out at the scene by medical professionals. If the other driver is found, victims will have a better legal case. Medical records can link the accident and a victim’s injuries.
Why Do Drivers Flee in Hit and Run Accidents
In our legal experience, there are four main reasons why at-fault drivers tend to leave the scene of a hit-and-run accident. These include:
- No Insurance: When an uninsured or underinsured driver causes an accident, they may flee the scene of the collision because they fear the costs of having to pay for the accident. There are also instances where drivers are not even licensed to drive.
- Panic: A lot of drivers panic after being in an accident. Being involved in an accident is scary, and some drivers are simply unsure of what to do. However, Texas law is very clear. Failing to stop and help and exchange information after a vehicle accident is a crime.
- Criminal Record or Warrant: In some hit-and-run accidents, the driver who leaves may have a criminal record. They may be driving a stolen car or is wanted by police for an outstanding warrant. In these cases, the driver hopes that if the authorities cannot find them, they will not be charged for the accident and for any other crimes.
- Drunk or Drugged Driving: A driver who is under the influence may not even realize he or she has hit someone. In other cases, the driver knows he’d face an additional charge of a DUI, but it will be harder to prove intoxication if the driver cannot be found at the time of the accident.
Texas Hit and Run Laws: Criminal Charges and Penalties in Texas
Under Texas Transportation Code Chapter 550, drivers have a duty to stop in event of an accident. This includes an accident involving:
- Personal injury or death
- Damage to a vehicle
- Striking an unattended vehicle
- Running into a fixture, structure, or highway landscaping
Failure to stop after an accident can result in criminal penalties, including possible imprisonment in cases of an injury or fatal accident. The penalties for leaving the scene of the accident depends on the type of accident, if anyone was injured or killed, and the value of the damage.
Failing to stop after a car accident, hitting an unattended car, or hitting a fixture or structure is:
- Class C misdemeanor if the damage to all fixtures and landscaping is less than $200; or
- Class B misdemeanor if the damage to all fixtures and landscaping is $200 or more.
The penalties for leaving the scene of an injury accident or fatal accident are more serious. Failing to stop at the scene of an accident involving injury or death is:
- A second-degree felony if the accident resulted in death,
- A third-degree felony if the accident resulted in serious bodily injury, or
- A county jail felony if the accident did not result in death or serious bodily injury.
The criminal penalties for leaving the scene of an injury accident can result in prison time, jail time, and/or fines. In recent years, Texas legislatures passed a law that imposes the same strict penalties on fleeing drivers as it does on drunk drivers. In the past, drunk drivers often took off to avoid a DUI. Law enforcement could not prove impairment of a hit-and-run driver who was later caught and who consequently faced a lighter sentence than a DUI. With passage of the new law, a driver has incentive to stay and help injured people at the scene.
How Can the At-Fault Driver Be Found?
While it can be a difficult task, victims do have options to locate the driver and hold them accountable for their negligent actions. A business near the accident scene may have surveillance cameras used for security purposes that recorded the crash. These cameras could provide identifying information about the driver or their vehicle. If the victim was able to get a full or partial license plate number of the vehicle that hit them, they may be able to obtain the driver’s name, address, and vehicle information from Texas Department of Motor Vehicles.
Does the Uninsured Underinsured Motorist Coverage Cover Hit-and-Run Accidents?
While Texas law requires drivers to have liability insurance, that won’t pay to repair a car after an accident. To get a car repaired, accident victims need a car insurance policy with collision coverage or uninsured/underinsured motorist (UM/UIM) property damage coverage. Both pay for car repairs after a hit-and-run accident. UM/UIM coverage usually has a lower deductible than collision coverage and may pay for a rental car if you need it.
Recoup Your Damages With Parker Law Firm
If you truly cannot locate the person who hit you, then you may need a Texas personal injury lawyer to just focus on the UI/UIM coverage that hopefully you have purchased. Unfortunately, a lot of times people try to save money and do not purchase UI/UIM insurance, in which case there is not much that can be done. Parker Law Firm’s car accident lawyers believe in being a voice for the voiceless. If you were hurt in a hit-and-run accident, you should not have to face the costs of your damages alone. We may be able to help you seek compensation, even if the driver who hit you is never located.
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