Being involved in a hit-and-run accident is a frightening and stressful experience. In Texas, these situations can feel even more overwhelming due to the state’s size and the complexity of its roadways. After a hit-and-run accident, the steps you take are critical in protecting yourself and ensuring that the responsible driver is held accountable. This can be a confusing time, and many people are unsure of what they should do in the moments and days following the crash. Knowing what actions to take can make a significant difference in how the situation is resolved and can help ensure your safety. At, Chavez Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
What is a Hit-and-Run Accident in Texas?
In Texas, a hit-and-run occurs when a driver causes an accident and then leaves the scene without providing their contact information, offering assistance, or reporting the accident to the authorities. This is a serious offense that can lead to criminal charges, especially if the accident results in injuries or death. According to Texas law, all drivers involved in a crash are required to stop and exchange information with the other parties involved. When a driver fails to do this, they are committing a hit-and-run, which can lead to severe consequences for both the driver and the victim.
Hit-and-run accidents can happen anywhere, from busy highways to quiet neighborhood streets. The damage can range from minor fender benders to severe crashes resulting in injuries or fatalities. Regardless of the severity, the fleeing driver is breaking the law, and this behavior can lead to serious consequences for them down the road.
Immediate Steps to Take After a Hit-and-Run Accident
If you are involved in a hit-and-run accident, your immediate response can greatly impact the outcome. The first thing you should do is ensure your safety and the safety of any passengers in your vehicle. If possible, move your car out of the way of traffic to prevent any further accidents or injuries. It is important to stay calm and avoid panicking in the moments following the crash, as this can make it easier to focus on what needs to be done next.
Protecting Your Rights
Once you are safe, it is crucial to contact law enforcement. Reporting the accident is an essential step in ensuring that the hit-and-run driver can be tracked down and held responsible for their actions. When you speak with the police, provide as much information as you can about the vehicle that fled the scene. Details such as the make, model, color, and license plate number can be incredibly helpful in locating the driver. If you did not see the license plate, don’t worry—any details you remember, including the direction the vehicle was headed, can assist in the investigation.
After you have called the police, check for any witnesses who may have seen the accident. Witness statements can provide additional information and help support your version of events. If someone nearby saw the crash, ask if they are willing to stay and speak with the police when they arrive. In some cases, witnesses may have noticed details that you missed, such as the license plate number or other identifying characteristics of the fleeing vehicle.
Documenting the Scene of the Accident
Once you have contacted law enforcement and ensured that everyone is safe, it is important to document the scene of the accident as thoroughly as possible. Taking pictures or videos of the damage to your vehicle, the surrounding area, and any skid marks or debris can be helpful in proving your case later. These images can serve as evidence when filing a police report or making an insurance claim, so it is essential to capture as many details as you can.
Additionally, if you suffered any injuries in the crash, it is important to document them as well. Even if the injuries seem minor at first, they could become more serious over time, and having photographic evidence can help support your claims if you need to seek compensation for medical bills or pain and suffering.
If there are any witnesses at the scene, it is a good idea to ask for their contact information in case you need to reach out to them later. Having additional testimony from people who saw the accident can strengthen your case and help law enforcement track down the hit-and-run driver.
Dealing with Insurance Companies After a Hit-and-Run
Handling a hit-and-run accident can be even more challenging when dealing with insurance companies. In Texas, drivers are required to carry liability insurance, but if the driver responsible for your crash has fled the scene, it may be difficult to pursue a claim against them. If the fleeing driver is not found, you will need to rely on your own insurance policy to cover the damages.
If you have uninsured motorist coverage as part of your insurance policy, it can help protect you in situations like this. Uninsured motorist coverage is designed to cover your expenses if you are hit by a driver who does not have insurance or who cannot be located, such as in a hit-and-run accident. This type of coverage can help pay for repairs to your vehicle, medical bills, and other costs associated with the crash.
It is important to notify your insurance company of the accident as soon as possible. When speaking with your insurer, provide them with all of the information you have, including the police report and any documentation from the scene. Your insurance company may require additional information to process your claim, so be prepared to cooperate fully with their investigation.
Tracking Down the Hit-and-Run Driver
In many hit-and-run cases, the driver responsible for the crash is eventually located. Law enforcement will use the information provided by you and any witnesses to try and track down the vehicle and the driver. Surveillance footage from nearby businesses or traffic cameras can also be used to identify the fleeing car.
If the driver is found, they will likely face both civil and criminal consequences. In Texas, leaving the scene of an accident is considered a crime, and the penalties can range from fines to jail time depending on the severity of the accident. The driver may also be held liable for any damages or injuries caused in the crash, which could result in financial compensation for you.
While it may take time for law enforcement to locate the hit-and-run driver, it is important to remain patient and cooperate with the investigation. Providing accurate and detailed information from the start can increase the likelihood of the driver being found and held accountable for their actions.
Filing a Lawsuit After a Hit-and-Run Accident
If the driver responsible for your accident is located, you may have the option to file a personal injury lawsuit against them. This type of legal action can help you recover compensation for any medical bills, lost wages, pain and suffering, and property damage that resulted from the crash. In some cases, you may also be able to recover punitive damages, which are intended to punish the driver for their reckless behavior.
In Texas, the statute of limitations for personal injury claims is typically two years from the date of the accident. This means that you have two years to file a lawsuit against the responsible driver. However, it is important to act quickly, as gathering evidence and building a strong case can take time. Speaking with an attorney who understands Texas hit-and-run laws can help ensure that your rights are protected throughout the process.
The Importance of Legal Representation
Navigating the legal and insurance challenges of a hit-and-run accident can be overwhelming, especially if you are dealing with injuries or property damage. Having legal representation can make a significant difference in how your case is handled and can help ensure that you receive the compensation you deserve.
An experienced attorney can assist you in gathering evidence, dealing with insurance companies, and filing a lawsuit if necessary. They will work on your behalf to hold the responsible party accountable and ensure that your rights are protected. Additionally, an attorney can help guide you through the process of filing a claim with your own insurance company if the hit-and-run driver cannot be located.
If you have been involved in a hit-and-run accident in Texas, it is important to act quickly and take the necessary steps to protect yourself. Handling the aftermath of a hit-and-run can be complex, but you do not have to go through it alone. At Chavez Law Firm, our team is committed to helping accident victims navigate the legal system and pursue the compensation they deserve. Whether the hit-and-run driver is found or not, we are here to assist you every step of the way. Contact Chavez Law Firm today to discuss your case and learn more about how we can help you.