Under Texas Transportation Code Chapter 550, every driver involved in a crash must stop immediately, exchange information, and render aid to anyone who is injured.
Leaving the scene is a criminal offense, ranging from a Class C misdemeanor for minor property damage to a second-degree felony carrying up to 20 years in prison if someone dies.
These Texas hit-and-run laws apply to every driver, regardless of who caused the crash. If you were the victim, you still have legal options even if the driver is never found, including claims through your own insurance policy and a separate civil lawsuit for damages.
What Counts as a Hit-And-Run in Texas?
A hit-and-run applies to more situations than most people realize. It’s not just about crashing into another moving car, it covers any collision where a driver fails to stop and meet their legal obligations.
That includes:
- Hitting a pedestrian or cyclist.
- Rear-ending another vehicle and driving away.
- Striking a parked car in a parking lot.
- Damaging a mailbox, fence, or other fixed property.
The offense goes by two legal names depending on what was damaged. “Failure to Stop and Render Aid” (FSRA) applies when someone is injured or killed. “Failure to Stop and Give Information” (FSGI) applies when only property is damaged. Both are criminal offenses under Texas law.
What Are Your Legal Duties After a Crash in Texas?
Texas law is clear: if you’re involved in any accident, you must stop immediately. Here’s what the law specifically requires you to do.
What Information Must You Exchange?
Under Texas Transportation Code § 550.023, you must provide the following to any other driver, passenger, or property owner involved:
- Your name and address: So the other party can contact you.
- Your vehicle registration number: Found on your registration card.
- Your insurance company’s name: Your liability insurer.
- Your driver’s license: You must show it if asked.
When Must You Render Aid?
If anyone appears to be injured, you must take reasonable steps to get them help. This means calling 911 or arranging transportation to a hospital. You don’t need medical training—calling for an ambulance is enough to satisfy this duty.
This obligation applies even if the injured person caused the crash.
What if You Hit a Parked Car or Property?
If you hit an unattended vehicle, you must either locate the owner or leave a written note on the car with your name, address, and a description of what happened. Under Texas Transportation Code § 550.025, the same rule applies if you damage a fence, mailbox, or any highway fixture. No note means no excuse—it’s still a criminal offense.
Is a Hit-And-Run a Felony in Texas?
It depends on the outcome of the crash. If only property is damaged, the offense is a misdemeanor. If anyone is injured or killed, leaving the scene becomes a felony and the more serious the injury, the more serious the charge.
What Are the Penalties for Hit-And-Run in Texas?
Here’s how Texas law breaks down the criminal penalties based on the severity of the crash:
| Type of Crash | Charge Level | Maximum Prison Time | Maximum Fine |
| Damage under $200 | Class C Misdemeanor | None | $500 |
| Damage $200 or more | Class B Misdemeanor | 180 days county jail | $2,000 |
| Crash with non-serious injury | State Jail Felony | 2 years state jail | $10,000 |
| Crash with serious bodily injury | Third-Degree Felony | 10 years prison | $10,000 |
| Crash resulting in death | Second-Degree Felony | 20 years prison | $10,000 |
“Serious bodily injury” is a legal term that means an injury creating a real risk of death, permanent disfigurement, or long-term loss of a body function—like a broken spine or traumatic brain injury.
What Makes a Hit-And-Run Penalty Worse?
Prosecutors can and do pursue harsher sentences when aggravating factors are present. These include:
- Prior criminal history: Especially a previous DWI or hit-and-run conviction.
- Intoxication at the time of the crash: Drunk drivers often flee to avoid a DWI arrest, but this only adds charges.
- Vulnerable victims: Pedestrians, cyclists, and children are treated as especially serious cases.
- No attempt to help: Driving away without calling 911 for an injured person is viewed very harshly by juries.
What Should You Do Immediately After a Hit-And-Run?
If you’re the victim, the steps you take in the first few minutes matter more than most people realize—both for your safety and for your legal claim.
How to Report a Hit-And-Run in Texas
Call 911 right away if anyone is hurt or if there’s significant damage. Do not chase the fleeing driver. Give the dispatcher the time, location, and every detail you can recall about the other vehicle.
If police don’t respond to the scene, you must file a self-report Form CR-2 within 10 days when the crash involved injury, death, or property damage over $1,000.
What Evidence Should You Gather?
The evidence you collect at the scene can make or break your insurance claim and any future lawsuit.
- Photographs: Capture damage to your vehicle, your injuries, skid marks, and debris.
- Witness information: Get names and phone numbers from anyone who saw what happened.
- Surveillance cameras: Note nearby businesses, traffic lights, or homes that may have recorded the crash.
- Vehicle details: Write down any part of the license plate, plus the make, model, and color of the fleeing car.
Can You Still Get Compensation if the Driver Is Never Found?
Yes—and this surprises a lot of people. Your own auto insurance policy may cover your losses even when the at-fault driver is gone for good. That said, insurers don’t always make this easy, which is where a skilled hit-and-run lawyer from Perrin Law comes in.
How UM, UIM, PIP, and Collision Coverage Work
Texas law requires insurers to offer certain coverages that protect you in exactly this situation. Here’s what each one does:
- Uninsured Motorist (UM) coverage: Pays for your medical bills, lost wages, and pain and suffering when the at-fault driver has no insurance or is never identified.
- Underinsured Motorist (UIM) coverage: Covers the gap when the other driver’s policy isn’t enough to pay for your losses.
- Personal Injury Protection (PIP): Pays your medical expenses and a portion of lost wages regardless of fault, no need to prove the other driver did anything wrong.
- Collision coverage: Pays to repair or replace your vehicle, though you’ll owe a deductible.
How Do Insurers Handle UM Hit-And-Run Claims?
Insurance companies often look for reasons to delay or deny these claims. They may demand proof of physical contact between the vehicles or require an independent witness to confirm another car caused the crash.
I handle all insurance communications for my clients. Adjusters can’t pressure you into a low settlement or use your words against you when I’m the one talking to them.
Can a Hit-And-Run Support a Civil Lawsuit?
Yes. In a civil case, meaning a lawsuit for money damages, leaving the scene can actually strengthen your claim. When a driver violates a safety law like the duty to stop and render aid, that violation can establish negligence automatically. This legal concept is called negligence per se.
In cases involving serious injuries or death, the driver’s decision to flee can also support a claim for punitive damages. Punitive damages are extra money meant to punish especially reckless or malicious conduct, not just cover your losses.
How Long Do You Have to File a Claim After a Hit-And-Run?
In Texas, you have two years from the date of the crash to file a personal injury lawsuit. If you miss that deadline, you lose your right to sue—permanently. Insurance companies have their own, much shorter deadlines, so notify your insurer as soon as possible after the crash.
Two years sounds like a lot of time, but building a strong case takes months. I recommend calling Perrin Law PLLC Injury & Accident Lawyer well before that clock runs out.
Why Work with Perrin Law on Your Hit-And-Run Case?
I represent injury victims and their families across Lubbock and West Texas. I prepare every case as if it’s going to trial, which signals to insurance companies that I’m not interested in lowball offers.
You don’t pay me anything unless I win your case. That means there’s no financial risk in calling me, just answers and a clear path forward.
If you’ve been hurt in a hit-and-run, call my office today for a free consultation. I’ll evaluate your case, explain your options, and fight to get you every dollar you deserve.
Frequently Asked Questions
Do Police Investigate Hit-And-Run Accidents in Texas?
Police investigate hit-and-runs using witness accounts, surveillance footage, paint transfer, and partial plate data, but identifying the driver is not always straightforward.
Can You File a UM Claim in Texas With No Physical Contact?
Most Texas UM policies require either physical contact between vehicles or corroborating evidence from an independent witness who can confirm a phantom vehicle caused the crash.
Will Your Insurance Rates Increase After a Hit-And-Run UM Claim?
Texas law generally prohibits insurers from raising your rates for a not-at-fault claim, which includes hit-and-run accidents where you file under UM or PIP coverage.
Can You Still Sue if the Hit-And-Run Driver Is Identified Months Later?
Yes. As long as you file your lawsuit within two years of the crash date, you can pursue a civil claim against the driver even if they’re identified long after the accident.
Does Criminal Restitution Cover the Same Damages as a Civil Lawsuit?
No. Criminal restitution is limited in scope and rarely covers pain and suffering or the full extent of your medical bills, so a separate civil claim is almost always necessary for full compensation.