Can You Be Charged for Leaving the Scene of an Accident in Texas?
In Texas, being involved in a car accident can be stressful, but it’s essential to follow the law, especially when it comes to staying at the scene. Fleeing from an accident, often referred to as “leaving the scene of an accident” in Texas, is a serious crime. State law requires drivers involved in accidents to stop, provide aid, and exchange information. Failing to do so can lead to severe legal consequences, including criminal charges and significant civil penalties.
Key Takeaways
- In Texas, leaving the scene of an accident, or committing a hit-and-run, is illegal. If the accident only involves property damage, it can lead to misdemeanor charges. However, if injuries or deaths are involved, it becomes a felony with harsher penalties, including prison time and fines of up to $10,000.
- Common defenses against hit-and-run charges include not knowing about the accident, fleeing due to personal safety concerns, or experiencing a medical emergency. In these cases, intent and circumstances are key factors in determining whether the charges hold.
- If you’re involved in a hit-and-run, it’s important to act quickly by returning to the scene or reporting the accident to law enforcement. Seeking legal advice immediately can help in building a defense and minimizing consequences. McKinnon Law is available to assist with legal representation in such cases.
Can You Be Charged for Leaving the Scene of an Accident in Texas?
Yes, leaving the scene of an accident, also known as a hit-and-run, is a criminal offense in Texas. Under Texas law, all drivers involved in an accident are required to stop, exchange information, and provide aid if necessary. Failing to do so can lead to serious legal consequences.
For property damage-only incidents, leaving the scene without providing information can result in misdemeanor charges. These could include fines and jail time, depending on the extent of the damage.
If the accident involves injuries or fatalities, the consequences are much more severe. Leaving the scene in such cases is classified as a felony, with penalties ranging from several years of imprisonment to fines of up to $10,000. Those convicted of felony hit-and-run offenses may also face driver’s license suspension and a permanent criminal record.
Common Defenses Against Hit-and-Run Charges
If you’re charged with leaving the scene of an accident in Texas, several legal defenses may be available based on the circumstances of your case.
Unawareness of the Accident
One of the most common defenses is that the driver was not aware an accident occurred. This can happen in situations involving minor collisions, or if the driver is operating a large vehicle like a truck, where the impact may go unnoticed. In such cases, intent is a crucial factor in determining whether leaving the scene was unlawful.
Personal Safety Concerns
A driver may leave the scene if they believe their personal safety is at risk. For example, if the accident occurred in a dangerous area or under threatening circumstances, the driver may prioritize leaving the scene to avoid potential harm. This defense relies on proving that fear for safety was reasonable under the circumstances.
Medical Emergency or Incapacitation
Medical emergencies, such as a sudden health crisis (heart attack, stroke, etc.), can explain why a driver failed to stop after an accident. If the driver was incapacitated or otherwise physically unable to comply with the law, this could serve as a valid defense. Medical documentation is typically required to support this claim.
Lack of Intent
Texas law often looks at intent when determining guilt in hit-and-run cases. If the driver did not intend to evade responsibility but left the scene due to confusion, shock, or panic, this might serve as a mitigating factor. However, these defenses require careful legal argumentation, often with the support of experienced legal counsel.
What to Do If You’re Involved in a Hit-and-Run
If you’ve been involved in a hit-and-run, it’s essential to act quickly and correctly. The first step is to return to the scene as soon as you realize you’ve left. If this isn’t possible, you should report the accident to law enforcement immediately. Waiting too long to report the incident can make your situation worse, as it may seem like you’re intentionally evading responsibility.
It’s also critical to seek legal counsel immediately. An experienced attorney can guide you through the process, explain your legal options, and help build a defense if you’re facing charges. McKinnon Law is here to provide the legal support you need in such situations.
Need Legal Assistance for Leaving the Scene of an Accident? Contact McKinnon Law
If you’ve been involved in leaving the scene of an accident, or any kind of car, truck, motorcycle, or oilfield-related injury, McKinnon Law is here to help. We also handle a wide range of personal injury cases beyond these, ensuring that you get the legal support you need, no matter the circumstances. Contact us today for a consultation and find out how we can guide you through the legal process.