Regardless of your reasoning, leaving the scene of an accident in Texas is a serious criminal offense that can turn an already bad situation into a complete nightmare. Texas law doesn’t care why you left — only that you left. The penalties for leaving the scene depend on the severity of the incident, but none of them are pleasant:
- Property damage only: Class C misdemeanor punishable by a fine up to $500
- Property damage over $200: Class B misdemeanor with up to 180 days in jail and fines up to $2,000
- Injury to another person: Third-degree felony carrying 2–10 years in prison and fines up to $10,000
- Serious bodily injury: Second-degree felony with 2–20 years in prison and fines up to $10,000
- Death: First-degree felony punishable by 5–99 years in prison and fines up to $10,000
- DWI enhancement and intoxication manslaughter: Enhanced penalties, 2–20 years in prison, and up to $20,000 in fines
- License suspension: Automatic driver’s license suspension ranging from 180 days to 2 years
- Civil liability: You’ll still be on the hook for damages, medical bills, and potentially punitive damages
We understand that it’s difficult to know what to do in the chaotic aftermath of these situations. Making the wrong decision got you into this mess — don’t make the wrong decision when choosing a Houston criminal defense lawyer, too. Mark Thiessen has the expertise and track record to give you the aggressive defense you need. Call Thiessen Law Firm today at (713) 864-9000 for a consultation that could save your freedom.
Texas hit-and-run laws
Texas takes hit-and-run accidents seriously, and the hit-and-run Texas Penal Code reflects that with harsh penalties that escalate quickly based on the circumstances. Understanding these laws won’t help you if you’ve already left the scene, but knowing what you’re up against can help when building your defense.
Texas Transportation Code Section 550.021 is the main statute that governs your duties after an accident. The law is crystal clear: if you’re involved in an accident, you must immediately stop your vehicle at the scene or as close as possible without obstructing traffic. You can’t just slow down, wave, and keep going — you have to actually stop.
What the law requires you to do:
- Stop immediately at the scene or as close as safely possible
- Provide your name, address, driver’s license number, and insurance information
- Show your driver’s license if requested
- Render reasonable assistance, including calling for medical help if needed
- If the other driver isn’t present, leave a written note with your information
The prosecution doesn’t care about your reasons. Texas hit-and-run laws create what’s essentially strict liability — meaning your intent doesn’t matter. Whether you panicked, didn’t realize you hit someone, or thought the damage was minor, the law only cares that you left without fulfilling your duties.
What happens if you hit someone and leave the scene?
Hitting someone and leaving the scene of an accident transforms what might have been a manageable situation into a criminal investigation with you as the suspect. The moment you drive away from an accident involving injury, you’re no longer dealing with just an insurance claim — you’re facing serious felony charges that can destroy your life.
Here’s what happens next:
- Law enforcement launches an investigation immediately. Police don’t just shrug and move on when someone gets hurt in a hit-and-run. They’ll canvas the area for witnesses, review traffic cameras, examine debris and paint transfer, and follow every lead until they find you. Modern forensic techniques make it incredibly difficult to stay hidden, and when they do find you (not if, when), the charges will be much worse than if you had stayed.
- You’re looking at felony charges. The moment someone gets injured and you leave, you’re facing a third-degree felony in Texas. That means 2–10 years in prison and fines up to $10,000. If the injuries are serious, it jumps to a second-degree felony with 2–20 years behind bars. And if someone dies? You’re looking at a first-degree felony with potential life imprisonment.
- Your driver’s license gets suspended automatically. Texas will suspend your license for up to two years, and that’s separate from any criminal penalties. You’ll also likely face a surcharge program that can cost thousands of dollars annually just to keep driving privileges.
- Civil lawsuits pile on top of criminal charges. The injured party can sue you for medical bills, lost wages, pain and suffering, and punitive damages. Since you fled the scene, juries tend to be less sympathetic, and punitive damage awards can be astronomical.
- Evidence against you keeps building. Every day you wait to address this makes the prosecution’s case stronger. Meanwhile, your ability to present mitigating factors — like shock, confusion, or fear — becomes less believable the longer you stay silent.
The bottom line? Leaving the scene of an accident when someone is injured turns a bad situation into a catastrophic one. If this describes your situation, you need experienced legal representation immediately, before law enforcement comes knocking on your door.
What is the penalty for leaving the scene of an accident in Texas?
The penalties for hit-and-run in Texas vary dramatically depending on the circumstances of your accident. Texas law treats property damage very differently from personal injury, and the consequences escalate quickly once someone gets hurt. You also run the risk of having your license suspended and getting sued for the victim’s medical bills, lost wages, pain and suffering, etc., on top of facing criminal charges. These lawsuits can drag on for years and cost hundreds of thousands of dollars, even if you win.
Here’s exactly what you’re facing depending on your case specifics:
Property damage only
| Charge level | Jail time | Fine | License impact |
| Class C Misdemeanor | None | Up to $500 | Possible suspension |
When dealing with leaving the scene of an accident in Texas, no injuries, and minimal property damage, you’re looking at the most lenient penalty Texas offers for hit-and-run. This is essentially a traffic ticket on steroids.
However, don’t let the relatively light punishment fool you — even a Class C misdemeanor creates a criminal record that can affect employment, housing, and other opportunities. Many people think they can just pay the fine and move on, but that “minor” conviction can haunt you for years.
Property damage over $200
| Charge level | Jail time | Fine | License impact |
| Class B Misdemeanor | Up to 180 days | Up to $2,000 | Automatic suspension possible |
The $200 threshold might seem arbitrary, but it makes a massive difference in penalties. Texas recognizes that significant property damage often indicates a more serious accident that you definitely should have stopped for. This level also frequently involves situations where the other driver needed your insurance information to get their vehicle repaired, and your decision to flee potentially left them stranded and financially responsible for damage you caused.
Injury to another person
| Charge level | Jail time | Fine | License impact |
| Third-degree felony | 2–10 years in prison | Up to $10,000 | Automatic suspension |
This is where hit-and-run charges become life-altering. The moment someone gets injured and you leave, you’re facing serious prison time and a permanent felony record. Texas courts don’t distinguish between minor injuries and serious ones at this level — a scraped knee gets you the same charge as a broken bone. The prosecution will argue that you prioritized your own convenience over someone’s well-being, and juries tend to agree with that characterization.
Serious bodily injury
| Charge level | Jail time | Fine | License impact |
| Second-degree felony | 2–20 years in prison | Up to $10,000 | Automatic suspension |
“Serious bodily injury” under Texas law means injury that creates a substantial risk of death or permanent disfigurement, impairment, or loss of function. This could include traumatic brain injuries, spinal cord damage, or injuries requiring extensive surgery. At this level, you’re not just facing criminal penalties — you’re likely looking at massive civil liability that could bankrupt you. A skilled car wreck attorney in Houston representing the victim will pursue every asset you have.
Death
| Charge level | Jail time | Fine | License impact |
| First-degree felony | 5–99 years in prison | Up to $10,000 | Automatic suspension |
If you’re involved in an accident involving death, punishment will be the most serious. When someone dies and you flee, Texas treats it almost as seriously as murder. You’re looking at potential life imprisonment, and parole isn’t guaranteed. Even if you eventually get out, you’ll carry a felony conviction for taking a life and fleeing the scene — a combination that destroys virtually every future opportunity.
DWI enhancement and intoxication manslaughter
| Charge combination | Jail time | Fine | License impact |
| Hit-and-run + DWI | Enhanced penalties | Up to $20,000 | Mandatory alcohol treatment |
| Intoxication manslaughter | 2–20 years in prison | Up to $10,000 | Automatic suspension |
If you were drinking and driving when you left the scene, your problems multiply exponentially. Texas prosecutors love stacking charges, and combining hit-and-run with DWI creates enhanced penalties that can double your prison time.
If someone dies and you were intoxicated, you’re facing intoxication manslaughter charges on top of the hit-and-run charge. At this point, you absolutely need to know how to fight a DWI in Texas because the combination of charges could result in decades behind bars. The prosecution will argue that your decision to drink, drive, hurt someone, and then flee shows a complete disregard for human life.
What is the best defense for a hit-and-run?
Just because you’ve been charged with leaving the scene of an accident doesn’t mean you’re automatically going to be convicted. A skilled criminal defense attorney knows there are several potential defenses that can get charges reduced or dismissed entirely.
You didn’t know an accident occurred
This is one of the most common and potentially successful defenses in hit-and-run cases. Maybe you thought you hit a pothole, ran over debris, or heard a noise, but didn’t realize you’d struck another vehicle or person. For this defense to work, your attorney needs to show that a reasonable person in your situation wouldn’t have known an accident occurred.
This defense works best when:
- The contact was minor with minimal damage
- You were driving in heavy traffic or bad weather
- The other vehicle was in your blind spot
- You immediately pulled over when you realized what happened
However, Texas courts apply an objective standard — if a reasonable person should have known an accident occurred, claiming ignorance won’t save you. Your attorney will need to examine all the evidence to determine if this defense is viable.
Emergency circumstances prevented you from stopping
Texas law recognizes that sometimes emergencies make it impossible or dangerous to stop immediately after an accident. If you can prove you had a legitimate emergency that prevented you from stopping, it may provide a complete defense to hit-and-run charges.
Valid emergency situations might include:
- Medical emergency requiring immediate hospital attention
- Reasonable fear for your safety (especially in isolated areas)
- Mechanical failure that made stopping dangerous
- Being pursued or threatened by the other driver
The keyword here is “immediately.” You still have a duty to report the accident as soon as reasonably possible. If you drove home and waited three days to call the police, claiming you had an emergency isn’t going to fly.
Challenging the identification evidence
Prosecutors have to prove beyond a reasonable doubt that you were the driver who left the scene. If the identification evidence is weak, your attorney can attack this element of the case. Common challenges include:
- Eyewitness testimony problems: Eyewitness accounts are notoriously unreliable, especially in stressful situations like accidents. Your attorney can challenge factors like lighting conditions, distance, how long the witness observed, and whether they were distracted.
- Vehicle identification issues: Maybe the witness got the license plate wrong, couldn’t clearly see the make and model, or confused your vehicle with a similar one. Paint transfer and damage analysis can also be challenged if not properly documented.
- Surveillance footage quality: Grainy security camera footage or traffic cameras that don’t clearly show the driver’s face can be challenged. Your attorney might argue the footage is too unclear for positive identification.
You weren’t the driver
If someone else was driving your vehicle at the time of the accident, you can’t be convicted of hit-and-run. However, this defense requires you to identify who was actually driving, and that person needs to be available to testify or at least provide evidence supporting your claim.
This defense becomes complicated if:
- The actual driver was intoxicated and you don’t want to implicate them
- You lent your car to someone without a valid license
- The driver was a family member you’re trying to protect
Your attorney can help you understand the implications of this defense strategy and whether it’s worth pursuing.
Lack of intent to flee
While Texas hit-and-run law doesn’t require specific intent to flee, your attorney might argue that your actions show you didn’t intend to avoid responsibility. Evidence that supports this defense includes:
- Pulling over shortly after the accident
- Returning to the scene quickly
- Immediately calling police or insurance
- Seeking medical attention that prevented you from stopping
This defense often works better for reducing charges rather than getting them dismissed entirely, but it can mean the difference between a felony and a misdemeanor.
Constitutional violations
If police violated your constitutional rights during the investigation, evidence might be thrown out, and charges could be dismissed. Common violations include:
- Illegal search and seizure: If police searched your vehicle or property without a warrant or probable cause, any evidence found might be inadmissible.
- Miranda rights violations: If you were in custody and questioned without being read your rights, your statements might be suppressed.
- Unlawful detention: If police held you without probable cause or kept you longer than necessary, it could affect the case.
Hit-and-run defenses are highly fact-specific, and what works in one case might fail in another. The strength of your defense depends on the specific circumstances of your accident, the evidence against you, and how quickly you get experienced legal representation.
Prosecutors know Mark Thiessen’s name — and they should, he beats their cases regularly.
Leaving the scene of an accident in Texas isn’t just a traffic violation — it’s a serious criminal charge that can destroy your future if you don’t fight back. The penalties are harsh, the prosecutors are aggressive, and every day you wait makes your situation worse. But here’s what the state doesn’t want you to know: these charges get beaten all the time by attorneys who know what they’re doing.
At Thiessen Law Firm, we’ve made our reputation on taking on tough cases and winning them. Mark Thiessen has secured over 100 Not Guilty verdicts and thousands of dismissals for clients who thought their cases were hopeless. We know how to challenge evidence, exploit weaknesses in the prosecution’s case, and fight for outcomes that other attorneys won’t even attempt.
The prosecutors are already building their case against you — you need an attorney who knows how to tear it down. If you’re facing charges for leaving the scene of an accident, call Thiessen Law Firm today at (713) 864-9000 for a consultation that could save your future.
More Helpful Articles by Thiessen Law Firm:
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- Penalties for a DUI Minor in Texas
- Is Gambling Legal in Texas?
- Your Guide to DWI Expungement in Texas
