Hit and run accidents occur when a driver involved in a collision leaves the scene without providing contact information or aiding the injured parties. These incidents are not only ethically and morally wrong, but they are also illegal under Texas law. The laws in Texas are designed to protect victims and ensure that they receive the justice and compensation they deserve. Understanding these laws and knowing the appropriate steps to take can significantly impact the outcome of such cases.
The Legal Framework of Hit and Run Accidents in Texas
Texas law is stringent when it comes to hit and run accidents. The state categorizes these incidents based on the severity of the accident and the extent of the damage or injuries involved. If a driver leaves the scene of an accident resulting in death or serious bodily injury, they can be charged with a felony. For accidents that result in less severe injuries, the charge may be a misdemeanor, though penalties can still be severe.
Texas Transportation Code Section 550.021 mandates that any driver involved in an accident must stop and remain at the scene to exchange information and render aid. Failure to do so can result in significant legal consequences, including fines, imprisonment, and a permanent criminal record.
Criminal Penalties and Civil Liabilities
The penalties for a hit and run in Texas vary depending on the specifics of the accident. If the accident resulted in death or serious bodily injury, the offending driver could face a felony charge with penalties ranging from two to twenty years in prison and fines up to $10,000. For accidents causing less severe injuries, the charge may be a misdemeanor, which can still lead to up to one year in county jail and fines up to $5,000.
Beyond criminal penalties, the offending driver may also face civil liabilities. Victims can file a personal injury lawsuit to recover damages for medical expenses, lost wages, pain and suffering, and other related costs. In such cases, the court may award compensatory damages to cover the victim’s losses and punitive damages to punish the offending driver and deter similar behavior in the future.
Steps to Take Following a Hit and Run Accident
In the immediate aftermath of a hit and run accident, it is crucial for victims to take specific steps to protect their rights and enhance their chances of receiving compensation. First and foremost, ensuring the safety and well-being of all parties involved is paramount. Victims should call 911 to report the accident and seek medical attention if necessary. Even if injuries seem minor, it is important to have a medical professional assess them to document the extent of the injuries accurately. Gathering as much information as possible at the scene is also vital. This includes noting the make, model, and color of the offending vehicle, the license plate number if possible, and any distinguishing features or damage to the vehicle. Additionally, obtaining contact information from any witnesses can provide valuable support in identifying the hit and run driver and corroborating the victim’s account of the accident.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
The Importance of Reporting the Accident
Reporting a hit and run accident to the police is a critical step in the legal process. A police report serves as an official record of the incident and can play a pivotal role in both criminal and civil proceedings. When filing a report, victims should provide all the information they gathered at the scene, including any details about the offending vehicle and driver, as well as witness statements. This report can also aid in the investigation and increase the likelihood of apprehending the hit and run driver.
In addition to reporting the accident to the police, victims should notify their insurance company as soon as possible. Most insurance policies have specific timeframes within which accidents must be reported. Failure to do so can result in the denial of claims. When contacting the insurance company, providing them with a copy of the police report and any additional information gathered at the scene can help support the claim and expedite the process.
Navigating the Insurance Claims Process
The insurance claims process for hit and run accidents can be complex and frustrating. In Texas, victims may be able to file a claim under their own insurance policy if they have uninsured motorist coverage. This type of coverage is designed to protect drivers in situations where the at-fault party cannot be identified or does not have adequate insurance.
Filing an uninsured motorist claim involves submitting documentation of the accident, including the police report, medical records, and repair estimates for vehicle damage. It is essential to be thorough and accurate in this process to avoid delays or denials of the claim.
Victims should also be aware of the potential for their insurance company to attempt to minimize the payout. Insurance companies are businesses that prioritize their bottom line, and they may employ various tactics to reduce the amount they must pay. Having an experienced attorney to advocate on behalf of the victim can be invaluable in ensuring that they receive the full compensation to which they are entitled.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
The Role of an Attorney in Hit and Run Cases
Engaging the services of an attorney can make a significant difference in the outcome of a hit and run case. An attorney can provide guidance and support throughout the legal process, from filing the initial police report and insurance claim to representing the victim in court if necessary. One of the primary roles of an attorney is to investigate the accident thoroughly. This may involve reviewing traffic camera footage, interviewing witnesses, and working with law enforcement to identify the hit and run driver.
An attorney can also assist in negotiating with insurance companies to ensure that the victim receives fair compensation for their injuries and damages. If a settlement cannot be reached, the attorney can represent the victim in a personal injury lawsuit to pursue the compensation they deserve.
Statute of Limitations for Hit and Run Cases
Victims of hit and run accidents in Texas must be aware of the statute of limitations for filing a lawsuit. The statute of limitations sets the deadline by which a victim must file a legal claim. In Texas, the statute of limitations for personal injury cases is generally two years from the date of the accident. This means that victims have two years to file a lawsuit against the offending driver or their insurance company. Failing to file within this timeframe can result in the loss of the right to seek compensation. There are certain exceptions to this rule, such as cases involving minors or situations where the victim did not discover their injuries until later. Consulting with an attorney as soon as possible after the accident can help ensure that the claim is filed within the appropriate timeframe and that all legal avenues are pursued.
Recovering Compensation for Damages
Victims of hit and run accidents in Texas may be entitled to recover various types of compensation for their damages. This can include economic damages, such as medical expenses, lost wages, and property damage, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish the hit and run driver and deter similar behavior in the future. The amount of compensation a victim can receive depends on the specifics of the case, including the severity of the injuries, the impact on the victim’s life, and the degree of negligence or recklessness exhibited by the offending driver. An experienced attorney can help evaluate the case and determine the appropriate amount of compensation to seek.
The Psychological Impact of Hit and Run Accidents
Beyond the physical injuries and financial losses, hit and run accidents can also have a profound psychological impact on victims. The sudden and unexpected nature of these accidents, coupled with the distress of the offending driver fleeing the scene, can lead to feelings of fear, anger, and helplessness. Victims may experience symptoms of post-traumatic stress disorder (PTSD), anxiety, and depression. It is important for victims to seek support and counseling to address these emotional and psychological challenges. Mental health professionals can provide therapy and coping strategies to help victims process their trauma and regain a sense of control and well-being.
Fighting for the Justice Hit and Run Victims Deserve
If you or a loved one has been the victim of a hit and run accident in Texas, the legal team at Chavez Law Firm is here to help. Our experienced attorneys understand the complexities of hit and run cases and are dedicated to fighting for the rights of victims. We will work tirelessly to investigate the accident, identify the offending driver, and pursue the compensation you deserve. From filing insurance claims to representing you in court, we provide comprehensive legal support every step of the way. Contact Chavez Law Firm today for a free consultation — and let us help you on the path to recovery and justice.