Felony Hit and Run in Texas: Penalties for Leaving the Scene of an Injury or Fatality

Leaving the scene of a major car accident is one of the most serious driving offenses in the state of Texas. When an accident results in bodily injury or a fatality, the law imposes a strict, mandatory duty on all drivers involved to stop immediately, render reasonable assistance, and remain at the scene until law enforcement arrives. Choosing to drive away out of panic, fear, or intoxication transforms a tragic accident into a severe felony crime.

If you or a loved one are being investigated for leaving the scene of an injury crash in Dallas, Fort Worth, or San Antonio, the stakes could not be higher. This article will break down the severe consequences of these charges, explore specific accident scenarios, and explain the legal process in Texas. To build a strong defense, you can search our catalog for an experienced criminal defense lawyer in your local area.

Understanding Tex. Transp. Code § 550.021

The duty to stop and render aid is codified in Tex. Transp. Code § 550.021. This statute mandates that the operator of a vehicle involved in an accident that results or is reasonably likely to result in injury or death must immediately stop the vehicle at the scene (or as close as possible). Furthermore, the driver must determine whether a person is involved, whether they require aid, and remain until they have provided their information and rendered reasonable assistance to the injured party, such as calling 911.

Leaving a Pedestrian Accident

Pedestrian accidents often happen at night or in poorly lit areas. If a driver strikes a pedestrian in Houston and flees, the penalties are incredibly harsh, especially because pedestrians are vulnerable and highly likely to suffer severe injuries. Even if the pedestrian was jaywalking or at fault for the initial collision, the driver still commits a felony by leaving the scene. The crime is not causing the accident; the crime is failing to stop and help.

Hit and Run Involving Bicyclists

With the rise of cycling in cities like Austin, hit-and-runs involving bicycles have surged. If a vehicle sideswipes a cyclist on a Texas roadway and the cyclist is thrown from their bike, the driver must stop. Fleeing the scene leaves the cyclist in imminent danger of being struck by other vehicles. Law enforcement aggressively pursues these cases, often utilizing traffic cameras, toll records, and debris left at the scene to identify the fleeing vehicle.

When a Passenger Dies After You Flee

A hit and run does not always involve another vehicle. If you are driving with a passenger, crash your vehicle into a tree or barrier, and flee the scene leaving your injured passenger behind, you are violating Tex. Transp. Code § 550.021. If that passenger subsequently dies from their injuries, you will face 2nd-degree felony charges. The duty to render aid applies to anyone injured in the accident, including the people inside your own car.

2nd Degree vs. 3rd Degree Felony Penalties in Texas

The punishment for a felony hit and run is dictated by the severity of the injuries sustained by the victim.

• Accident Involving Injury: If an accident results in bodily injury that does not rise to serious bodily injury, leaving the scene is an unclassified felony punishable under Tex. Transp. Code § 550.021(c)(2) by imprisonment in the Texas Department of Criminal Justice (TDCJ) for up to 5 years, or confinement in county jail for up to 1 year, a fine of up to $5,000, or both. However, if the victim suffers 'serious bodily injury' (creating a substantial risk of death or permanent disfigurement), the charge escalates to a 3rd-degree felony, carrying a sentence of 2 to 10 years in a TDCJ prison and a fine of up to $10,000.
• Accident Involving Death (2nd Degree Felony): If the accident results in the death of a person, fleeing the scene is a 2nd-degree felony. Under Texas law, this is punishable by 2 to 20 years in a TDCJ prison and a fine of up to $10,000.

The Legal Timeline: When Must You Report the Incident?

Texas law requires you to stop immediately. There is no grace period allowing you to go home, sober up, or calm down before returning to the scene or calling the police. If you leave the scene for any reason other than seeking emergency medical care for yourself or someone else, the crime has been committed. While you should always consult a lawyer if you fled a scene to discuss turning yourself in, returning hours later does not undo the initial offense.

Step-by-Step Defense Process

Because these are felony charges, the legal process is complex and takes place in a Texas District Court.

Step 1: Investigation and Arrest

Police will usually impound the suspect vehicle to gather forensic evidence, such as paint transfers, blood, or fabric from the victim. You will be arrested and booked into the county jail. Due to the severity of the charge, the judge will likely set a high bail amount.

Step 2: Grand Jury Indictment

In Texas, all felony charges must be presented to a Grand Jury. The prosecutor will present their evidence, and the Grand Jury will decide if there is enough probable cause to formally indict you. Your defense attorney can sometimes submit an evidence packet to the Grand Jury in an attempt to prevent an indictment (a 'no-bill').

Step 3: Pre-Trial Proceedings

If indicted, your case will proceed in a District Court, such as the Tarrant County District Court, Fort Worth or the Travis County District Court, Austin. Your lawyer will file motions to suppress illegally obtained evidence and review all medical records of the victim to challenge whether the injuries truly meet the legal definition of 'serious bodily injury.'

Step 4: Plea Bargain or Jury Trial

Depending on the evidence, your attorney may negotiate a plea bargain for a reduced charge or probation. If the state refuses to offer a fair deal, the case will proceed to a jury trial where your defense (e.g., you were completely unaware a person was struck, or you were forced to flee due to road rage/safety concerns) will be presented to a 12-person jury.

How Much Does a Criminal Defense Cost in Texas?

Defending against a 2nd or 3rd-degree felony is extremely expensive due to the high stakes and the immense amount of preparation required.

How Long Does a Felony Case Take?

Felony cases in Texas move slowly. It can take 2 to 6 months just for the Grand Jury to return an indictment. Once indicted, litigating a felony hit and run typically takes 12 to 24 months before reaching a jury trial. If the victim suffered severe injuries, the state may delay the process further to determine the full extent of the medical damages.

Frequently Asked Questions (FAQ)