A close-up of a police car's roof with red and blue emergency lights flashing in the dark, responding to a report of someone fleeing an accident.

What Are the Penalties Fleeing an Accident in Texas?

Being involved in an accident can be a scary, traumatic, and overwhelming event. However, when you’re the person who caused the collision, the thought of dealing with the police can be even more overwhelming. As such, many people make the decision to flee the scene of the accident before it can be reported to the police. Unfortunately, fleeing an accident scene is a criminal offense and carries harsh penalties. As such, if you are facing charges for a hit-and-run in Texas, the following blog explores what you should know about these matters, including the importance of working with Houston criminal defense attorneys to discuss your legal options and help you fight for the best possible outcome for your unique circumstances.

What Constitutes a Hit-and-Run in Texas?

Any time an accident occurs and the driver responsible for causing the collision leaves the scene of the accident before it can be reported to the police, it is considered a hit-and-run.

Texas law requires that, when involved in an accident resulting in injury, death, or damage to a vehicle, whether occupied or unoccupied, must do the following:

  • Immediately stop the vehicle at the scene of the accident, or as close to the accident as possible, where it is safe to do so, and return to the site of the collision
  • Move the vehicles, if the accident occurs on a freeway, and the vehicles a to mitigate traffic jams and additional injuries
  • If injuries are likely, check to see if anyone requires aid
  • Remain at the scene until insurance and personal information have been exchanged, as well as ensuring that anyone injured receives the care they need

Will I Go to Jail For Fleeing an Accident Scene?

It’s important to understand that, in general, a hit-and-run resulting in only damage to the vehicle may not result in jail time. This is because if the damage is less than $200, you can face a Class C misdemeanor, while damage over $200 is a Class B misdemeanor. The Class C offense will not carry any jail time, and the Class B charge carries the potential for up to 180 days in jail. However, depending on your criminal history and other relevant factors, the judge may not sentence you to time spent in jail.

In the event you flee the scene of an accident that results in a serious injury, you will face a third-degree felony offense, while fleeing the scene of an accident that results in the death of another person will result in a second-degree felony offense. A third-degree penalty carries up to $10,000 in fines and two to ten years in prison, while a second-degree felony also carries $10,000 in fines and two to twenty years in prison.

As you can see, the penalties you can face for a hit-and-run in Texas can be incredibly intense. That is why it is critical to discuss your circumstances with an experienced attorney at Gonzalez Law Group. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to assist you through these complicated legal matters. When you need help, our firm is here. Contact us today to learn more.