Failure to Stop and Render Aid in Texas — Hit and Run Charges
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Mandatory driver duties under §550.021
Drivers involved in accidents involving injury or death must:
- Immediately stop at scene or as close as possible
- Return to scene if not stopped initially
- Determine whether person involved is in need of aid
- Provide name, address, vehicle registration to others involved or police
- Show driver's license to person involved or police
- Render reasonable assistance, including transportation to medical care if necessary
Penalty for violation:
- Injury accident: Third-degree felony (2-10 years TDCJ; up to $10,000 fine)
- Death accident: Second-degree felony (2-20 years TDCJ; up to $10,000 fine)
- Property damage only: Class C misdemeanor (under $500 damage) or Class B (under $200 damage); various enhancements for higher damage
Defense framework
Defenses:
Lack of knowledge of accident. The state must prove the defendant knew an accident occurred. In some cases (minor impacts, distractions, fatigue), the driver genuinely didn't know. Defense framework explores driver's actual awareness.
Lack of knowledge of injury. For injury/death cases, knowledge that injury occurred is element. Where the driver was unaware of injury, the felony exposure may not apply (though property damage offense may).
Identity issues. Where the driver's identity is contested. Hit-and-run cases often involve fleeing scenes, partial witness identification, vehicle identification rather than driver identification.
Causation. Where another vehicle caused the accident and defendant just left a related scene, causation may not support charges.
Sudden emergency. Limited application but may apply where leaving was necessary for safety reasons.
Hit-and-run cases often combine with DWI charges where the defendant fled to avoid intoxication detection. Combined exposure can be substantial.
Texas failure to stop and render aid penalties at a glance (§ 550.021)
| Scenario | Offense level | Punishment range |
|---|---|---|
| Accident causing death | 2nd-degree felony | 2–20 years TDCJ + up to $10,000 |
| Accident causing serious bodily injury | 3rd-degree felony | 2–10 years + up to $10,000 |
| Accident causing (non-serious) injury | — | Up to 5 years TDCJ or up to 1 year jail + up to $5,000 |
| Source: Transportation Code § 550.021. | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What if I didn't know I hit someone?
Knowledge of accident is element. Cases where minor impact occurred without driver awareness can support defense. Where evidence shows driver knew (visible damage, sound of impact, witness shout), the knowledge element is harder to defeat.
Do I have to stop for property damage only?
Yes. Texas Transportation Code §550.022 requires stopping for property damage accidents. The penalty is lower (Class C or B misdemeanor) but the duty to stop applies. Complete failure to stop and identify can produce charges even without injury.
What about minor parking lot scrapes?
Texas Transportation Code §550.024 covers leaving notes for unattended vehicles. Driver who damages unattended parked car must locate owner or leave note with identifying information. Failure is similar misdemeanor offense.
Can I be charged for leaving and coming back?
Possibly. The statute requires immediately stopping or returning. Brief leaves to call police, retrieve insurance information, etc., generally don't support charges. Extended absence followed by return may produce charges depending on circumstances.
Is hit-and-run automatically a felony?
Felony only for injury or death accidents. Property-damage-only hit-and-runs are misdemeanor. The injury element is the felony trigger. Cases with arguable injury claims often have intense defense focus on whether injury actually occurred and was caused by the alleged accident.
