San Antonio Hit and Run Attorneys

Rules of the Road in Texas for Crash Investigations

Title 7 of the Transportation Code in Subtitle C for rules of the road sets out the rules for accidents and accident reports in Chapter 550. Section 550.001 applies to any of the following types of motor vehicle accidents:

1. A road owned and controlled by a water control and improvement district;
2. A private access way or parking area provided for a client or patron by a business, other than a private residential property, or the property of a garage or parking lot for which a charge is made for storing or parking a motor vehicle; and
3. A highway or other public place.

Chapter 550 also contains the duties a driver has following an accident. Under Section 550.021, the driver of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
2. Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;
3. Immediately determine whether a person is involved in the accident and if a person is involved in the accident, whether that person requires aid; and
4. Remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury or death of a person is required to stop the vehicle without obstructing traffic more than is necessary. Failure to follow these rules can subject a person to a criminal charge if he or she does not comply with the requirements of Texas law.

Penalties for Hit and Run in Texas

Under this section Section 550.021, if the accident results in:

• Death of a person then the crime is charged as a felony of the second degree; or
• Serious bodily injury, as defined by Section 1.07, Penal Code, to another person is charged as a felony of the third degree.

If the crash involves an accident resulting in injury but not death or serious bodily injury, then the crime is punishable by:

• Imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year; and/or
• A fine not to exceed $5,000; or

Under Section 550.022, a driver that causes an accident that involves only damage to another vehicle has the following legal obligations:

1. Immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;
2. Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and
3. Remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

If an accident occurs on the main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator’s vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.

A person commits an offense under Section 550.022 if the person does not stop or does not comply with these requirements. The penalties for leaving the scene without stopping and rendering aid in a crash that does not involve the death or serious bodily injury of another person is punishable by the following:

• A Class C misdemeanor if the damage to all vehicles is less than $200; or
• A Class B misdemeanor if the damage to all vehicles is $200 or more.

Under Section 550.023(c-1), a person commits an offense if the person does not comply with the requirements listed above. A hit-and-run offense under these circumstances is charged as a Class C misdemeanor.

Under the hit and run statute in Texas, a vehicle can be normally and safely driven only if the vehicle:

1. Does not require towing; and
2. Can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.

Under Section 550.023, the driver of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person is required to do all of the following:

• Give the operator’s name and address, the registration number of the vehicle the operator was driving, and the name of the operator’s motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;
• If requested and available, show the operator’s driver’s license to a person described by Subdivision (1); and
• Provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.

Hit and Run after Striking an Unattended Vehicle

Under Section, the operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and do the following:

• Locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or
• Leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

The crime of leaving the scene after striking an unattended vehicle is charged as a Class C misdemeanor if the damage to all vehicles involved is less than $200, or as a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.

Duty on Striking a Structure, Fixture or Highway Landscaping

Under Sec. 550.025, the operator of a vehicle involved in an accident resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway is required to:

1. Take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator’s name and address and the registration number of the vehicle the operator was driving;
2. If requested and available, show the operator’s driver’s license to the owner or person in charge of the property; and
3. Report the accident if required by Section 550.061.

A person charged with violating the duty on striking a structure, fixture or highway landscaping can be charged with a criminal punishable as follows:

• A Class C misdemeanor, if the damage to all fixtures and landscaping is less than $200; or
• A Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.