Charged With Hit and Run in Texas? Your Legal Options

 Posted on December 12, 2025 in Criminal Defense

On November 28th, two drivers were involved in a hit-and-run in South Austin in the 700 block of West William Cannon Drive. The first driver struck a moped rider and failed to stop to render aid. A second driver ran over the victim while he was on the ground and also did not stop to help. The victim was taken to the hospital with life-threatening injuries. While this appears to be a clear case of a hit-and-run crime, in some situations, the driver is honestly unaware that he or she hit a person.

Perhaps you are driving home on a dark Texas highway when a sudden thud jolts your vehicle. You assume it was an animal or debris in the road and continue on your way. Later, you learn that the police are investigating a hit-and-run accident (Texas Transportation Code Sections 550.021-550.025) in the same area, and you are overwhelmed with panic. Will you be arrested? Should you turn yourself in? Do you have any valid defenses? Should you contact an attorney?

Texas takes "failure to stop and render aid" very seriously, but this does not necessarily mean your case is hopeless. It does mean that you should speak to a knowledgeable Houston, TX criminal defense attorney as quickly as possible. A hit-and-run offense can have very serious penalties, and early legal intervention can help diminish those penalties.

What Counts as Hit-and-Run in Texas?

In the state of Texas, following any crash, a Texas driver is required to stop immediately, provide his or her name, address, vehicle registration, and insurance information, assist any injured person, call 911, and wait for law enforcement to arrive. Failure to follow these rules can result in criminal charges. If the crash involves injury or death, a hit-and-run is prosecuted aggressively as a felony offense, but if there is only property damage, while it is still criminal, it is more likely to be charged as a misdemeanor.  

Texas Penalties for Hit-and-Run Offenses

If there is a fatality resulting from the hit-and-run, the offense will be charged as a second-degree felony, with penalties of two to 20 years in prison and fines. If serious bodily injury results from the hit-and-run, it could also be charged as a second-degree felony. A non-serious injury is charged as a third-degree felony, with penalties between two and 10 years in prison.

Property damage of more than $200 in a hit-and-run will be charged as a Class B misdemeanor, with a potential penalty of up to 180 days in jail. Property damage of less than $200 makes a hit-and-run a Class C misdemeanor with only fines as penalties. Additional consequences could include civil liability, a driver’s license suspension, a significant increase in auto insurance premiums, and immigration consequences for non-citizens.

Most Drivers Involved in a Hit-and-Run Had No Intention of Harming Anyone

A driver who leaves the scene of an accident could do so for the following reasons:

• Panic or shock
• Misjudging the severity of the incident
• Fear of arrest due to unrelated issues, like a suspended license or no insurance
• Safety concerns about stopping in an unsafe location
• Being unaware that a collision occurred, particularly at night

While Texas law focuses more on the fact that a person left the scene than on the reason for leaving, the reason for leaving can be crucial in negotiations or defense.

Contact a Houston, TX Criminal Defense Lawyer

An experienced Houston hit-and-run defense attorney from Murphy & McKinney Law Firm, P.C. can evaluate the evidence, challenge any weaknesses in the prosecutor’s case, negotiate lesser charges or penalties, and fight aggressively to help you avoid serious consequences. Attorney Murphy serves on the Board of Regents for the National College for DUI Defense and as President of the Harris County Criminal Lawyers Association. Call 713-229-8333 to schedule your initial attorney meeting to discuss your case.