Being the victim of a hit-and-run car accident in Texas is a profoundly traumatic experience. The sudden impact, followed by the jarring realization that the other driver has fled, can leave you feeling vulnerable, confused, and overwhelmed. Beyond the immediate physical injuries, you may face significant emotional trauma, financial burdens, and the daunting task of navigating the legal system. Understanding your rights, taking the correct steps, and seeking professional legal assistance from are crucial to protecting yourself and pursuing justice. This comprehensive guide provides detailed information to help you navigate this challenging situation effectively, focusing on the unique aspects of Texas law regarding hit-and-run accidents.

If you’ve been a victim of a hit-and-run, contact the Accident Avengers today to schedule a free consultation. There is no obligation to continue working with us after the initial consultation, should you choose not to. If you have a case, you won’t pay anything unless we win and bring you justice!

The Stark Reality of Hit-and-Run Accidents in Texas: A Growing Crisis

Hit-and-run accidents are not mere traffic incidents; they are serious crimes under Texas law that can have devastating consequences, often resulting in severe injuries or fatalities. These incidents pose a significant and growing threat in Texas, particularly to vulnerable road users. Statistics reveal a disturbing trend that underscores the urgency of addressing this issue:

• Disproportionate Impact on Pedestrians and Cyclists: According to data from the Texas Department of Transportation (TxDOT), pedestrians and cyclists are disproportionately affected by hit-and-run incidents. The most recent TxDOT statistics show that pedestrian and cyclist fatalities make up a significant portion of all traffic deaths in Texas, with hit-and-run incidents being particularly problematic in these cases. In urban areas like Houston, Dallas, and Austin, where pedestrian and bicycle traffic is higher, the risk of being involved in a hit-and-run is significantly elevated.

• Escalating Fatalities and Severe Injuries: Hit-and-run accidents often result in more severe injuries and fatalities compared to other types of collisions. The act of fleeing the scene delays critical medical assistance, exacerbating injuries and increasing the risk of death. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, internal bleeding, and severe lacerations. The psychological trauma associated with these incidents, including PTSD, anxiety, and depression, can also be profound and long-lasting.

• Property Damage and Financial Hardship: Even when injuries are not severe, hit-and-run accidents can cause significant property damage, leaving victims with substantial financial burdens. This includes the cost of repairing or replacing damaged vehicles and lost wages due to time off work for medical treatment and recovery. Additionally, victims may face increased insurance premiums and other financial hardships.

Immediate Actions Following a Hit-and-Run

Your safety and well-being are the top priorities after any accident. After a hit-and-run do the following:

1. If possible, assess the situation and move to a safe location away from oncoming traffic.

2. Call 911 immediately to report the accident and request medical assistance.

3. Even if you believe your injuries are minor or non-existent, seek medical evaluation immediately. Under Texas law, while the statute of limitations is generally two years, the "discovery rule" may apply in limited circumstances to injuries that could not have been reasonably discovered right away. However, this is narrowly applied in Texas, and documentation of prompt medical attention significantly strengthens your case.

4. Remember that some injuries, particularly soft tissue injuries and concussions, may not present immediate symptoms due to shock and adrenaline.

Report the Hit-And-Run to Law Enforcement

Texas Transportation Code § 550.021 and § 550.022 explicitly require drivers involved in accidents resulting in injury, death, or property damage to stop, render aid, and provide information. Reporting the accident to law enforcement is not only a legal requirement but also critical for your case:

1. Provide law enforcement with a detailed and accurate account of the incident, including:

• A description of the fleeing vehicle (make, model, color, license plate fragments)

• A description of the driver (if visible)

• The exact location and time of the accident

• The direction of travel of the fleeing vehicle

• Contact information for any witnesses

2. Request a copy of the police report (Form CR-3) for your records. In Texas, this report must be filed within 10 days of the accident if there is injury, death, or property damage exceeding $1,000. If you prefer, the Accident Avengers will request a copy of the police report free of charge. Contact us now to start the process!

3. Under Texas Transportation Code § 550.026, you must also file a Driver's Crash Report (Form CR-2) within 10 days if the police did not investigate the crash and there was injury, death, or property damage exceeding $1,000.

Gather Evidence at the Scene (If Safe)

If possible, and without endangering yourself or others, gather as much evidence as possible from the accident scene:

1. Take photographs and videos of the accident scene, including:

• Vehicle damage

• Skid marks and road conditions

• Debris from the fleeing vehicle (which may contain identifying information)

• The surrounding area, including traffic signals and signs

• Your visible injuries

2. Collect contact information from any witnesses who may have observed the incident.

3. Note any nearby surveillance cameras (traffic cameras, business security cameras, doorbell cameras) that might have recorded the accident.

4. Preserve any physical evidence that may have been left behind by the fleeing vehicle.

This evidence is critical for identifying the at-fault driver and establishing liability under Texas's modified comparative fault system (Texas Civil Practice and Remedies Code § 33.001), which reduces recovery proportionally to your percentage of fault, if any.

Contact Your Insurance Company Immediately

Notify your insurance company immediately, as Texas has specific insurance requirements and provisions that may affect your claim:

1. Mandatory Coverage: Texas law requires minimum liability coverage of 30/60/25 ($30,000 for injuries per person, $60,000 per accident, and $25,000 for property damage) for all licensed drivers.

2. Uninsured/Underinsured Motorist (UM/UIM) Coverage: While not mandatory, Texas Insurance Code § 1952.101 requires insurers to offer uninsured/underinsured motorist coverage (UM/UIM), which you must reject in writing if you don't want it. This coverage is crucial in hit-and-run cases, as it can provide compensation when the at-fault driver is unidentified.

3. Personal Injury Protection (PIP): Texas Insurance Code § 1952.152 requires insurers to offer Personal Injury Protection coverage, which provides immediate medical expense coverage regardless of fault. Like UM/UIM coverage, you must reject it in writing if you don't want it.

4. Texas Prompt Payment of Claims Act: Under Texas Insurance Code Chapter 542, insurers must acknowledge, investigate, and pay valid claims promptly or face penalties.

Be cautious about providing detailed statements to the insurance company without consulting an attorney. Insurance adjusters may attempt to minimize your claim, and having legal representation can protect your rights.

What Do Police Do in a Hit-and-Run? Investigating the Crime

Under Texas law, hit-and-run accidents involving injury or death are serious crimes. Police investigations typically include:

1. Immediate Response: Officers will secure the scene, provide emergency assistance, and begin collecting evidence.

2. Evidence Collection: This includes physical evidence (vehicle parts, paint transfers), witness statements, and surveillance footage.

3. Database Searches: Officers can check vehicle registrations, repair shop records, and other databases to identify matching vehicles.

4. BOLO Alerts: "Be On the Lookout" alerts with a description of the suspect vehicle are issued to other law enforcement agencies.

5. Public Information Requests: In serious cases, police may issue public information requests through media outlets and social media platforms to solicit tips from the public. Programs like Crime Stoppers may sometimes be utilized to gather information about hit-and-run incidents, particularly in cases involving serious injury or death.

For serious injuries or fatalities, the Texas Department of Public Safety may assign specialized accident reconstruction teams to investigate the incident thoroughly.

How Long Do You Have to Report a Hit-and-Run? Texas Statute of Limitations

Several time limits apply to hit-and-run accidents in Texas:

1. Police Reporting: While immediate reporting is best for investigation purposes, Texas Transportation Code § 550.026 requires accidents to be reported to law enforcement if they result in injury, death, or property damage of $1,000 or more. The law requires drivers to immediately report accidents involving injury or death to local police, sheriff, or Texas Department of Public Safety.

2. Insurance Claims: Most insurance policies require "prompt" reporting of accidents, typically interpreted as within 24-72 hours. Delay may jeopardize coverage.

3. Civil Claims: Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury claims is two years from the date of the accident.

4. Criminal Prosecution: For the hit-and-run driver, Texas Code of Criminal Procedure Art. 12.01 and 12.02 establish varying statutes of limitations depending on the severity of the offense, ranging from two years for misdemeanors to no limitation for certain felonies involving death.

How Can a Texas Hit-and-Run Lawyer Help You?

A Texas attorney experienced in hit-and-run cases can provide crucial assistance:

1. Investigation Resources: Attorneys can access accident reconstruction experts, private investigators, and database resources unavailable to the general public.

2. Insurance Negotiations: An attorney can navigate Texas insurance law to ensure you receive fair compensation, particularly in complex UM/UIM claims.

3. Evidence Preservation: Your attorney can issue spoliation letters to preserve critical evidence and subpoena surveillance footage before it's deleted.

4. Damages Calculation: Texas law permits recovery for both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, mental anguish). An attorney can properly value your claim.

5. Statute of Limitations Management: Your attorney will ensure all filings occur within Texas's statutory deadlines.

6. Litigation Experience: If a fair settlement cannot be reached, your attorney can represent you in court, navigating Texas's complex civil procedure rules.

Filing an Insurance Claim or Lawsuit for a Hit-and-Run: Texas-Specific Considerations

Insurance Claims Under Texas Law

In Texas, insurance claims for hit-and-run accidents have specific considerations:

1. UM/UIM Claims: To recover under your UM/UIM coverage, you typically must demonstrate that:

• The accident was caused by another driver

• The other driver cannot be identified (hit-and-run) or lacks adequate insurance

• You sustained damages as a result of the accident

2. Contact Requirement: Many (but not all) Texas insurance policies have a "physical contact" requirement for hit-and-run claims under UM/UIM coverage, meaning your vehicle must have been physically struck by the hit-and-run driver's vehicle. This requirement, which varies by specific policy language, helps prevent fraudulent claims. Always check your particular policy provisions regarding hit-and-run coverage.

3. Subrogation Rights: If you receive compensation through your insurance and the hit-and-run driver is later identified, your insurer has subrogation rights to pursue reimbursement from that driver.

4. Bad Faith Claims: If your insurer unreasonably denies or delays your claim, you may have a "bad faith" claim under Texas Insurance Code Chapter 541.

Lawsuits: Texas Civil Remedies

If the hit-and-run driver is identified, you can pursue a civil lawsuit under Texas law:

1. Negligence Claims: Most hit-and-run cases involve negligence claims, which require proof of duty, breach, causation, and damages.

2. Negligence Per Se: The fact that the driver fled the scene may establish "negligence per se," as it constitutes a violation of statutory duty.

3. Exemplary Damages: Under Texas Civil Practice and Remedies Code § 41.003, you may be entitled to exemplary (punitive) damages if the hit-and-run was committed with malice, gross negligence, or fraud.

4. Modified Comparative Fault: Texas follows a "51% bar" rule, meaning you cannot recover if you are found to be 51% or more responsible for the accident.

Criminal Penalties for Hit-and-Run Drivers in Texas

Texas law imposes severe penalties on hit-and-run drivers:

1. Accidents Involving Injury: Under Texas Transportation Code § 550.021, leaving the scene of an accident involving injury is a third-degree felony, punishable by 2-10 years in prison and fines up to $10,000.

2. Accidents Involving Death: Leaving the scene of an accident involving death is a second-degree felony, punishable by 2-20 years in prison and fines up to $10,000.

3. Accidents Involving Property Damage: Under Texas Transportation Code § 550.022, leaving the scene of an accident involving only property damage is a Class B or Class C misdemeanor, depending on the amount of damage.

4. License Consequences: Hit-and-run convictions typically result in license suspension or revocation.

These criminal penalties are separate from any civil liability the driver may face.

Conclusion: Protecting Your Rights After a Hit-and-Run

Being the victim of a hit-and-run accident in Texas creates unique challenges, but understanding your rights and taking appropriate action can significantly impact your recovery, both physically and financially. By promptly reporting the accident, seeking medical attention, gathering evidence, and consulting with an experienced Texas attorney, you position yourself for the best possible outcome in this challenging situation.

Remember that Texas law is designed to protect accident victims, including those injured by hit-and-run drivers. With proper legal guidance from the Accident Avengers, you can navigate this complex process and focus on what's most important: your recovery and well-being.

Get in touch today to set up a consultation with our team. Our initial consultations are entirely free of charge, and you’re under no obligation to continue working with us afterward if you don’t want to. In the event that you have a case on your hands, you won’t pay a cent unless we win.