What Are the Legal Consequences of Hit-and-Run Accidents in Texas?

Under Texas law, a hit-and-run occurs when a driver involved in an accident fails to stop and provide the necessary information or assistance before leaving the scene. At the Gamez Law Firm in San Antonio, TX, and other locations in Laredo, McAllen, Houston, Austin, and Dallas, TX, we know that if you’ve been involved in a hit-and-run, you need the advice of an experienced car accident attorney.

What Are the Legal Consequences of Hit-and-Run Accidents in Texas?

All drivers must stop if they have been involved in a crash, and this applies whether the crash involves another vehicle, a pedestrian, or even an object such as a fence or a parked car. Along with other motivations, this is to ensure that if there has been an injury it is reported to the necessary emergency services. Even if the damage done is minimal, there is still information that the drivers must exchange, including giving their names, addresses, and insurance companies.

Criminal Penalties

The legal consequences of a hit-and-run in Texas depend on the severity of the accident. The penalties range from misdemeanor charges for minor property damage to felony charges for accidents that involve serious injuries or fatalities. However, the penalties are usually strict, both in Texas and in other states, for several reasons.

If a driver flees from the scene of an accident, an incapacitated victim might not get timely medical attention, which can lead to worsened injuries or even death. It is also much harder for law enforcement to investigate the crash, identify who was responsible, and ensure justice for victims when there is no driver to question.

Strict hit-and-run penalties aim to make fleeing the scene of an accident the worst decision that a driver can make. The consequences help to deter drivers from attempting to evade law enforcement: knowing they could face a felony charge instead of a misdemeanor traffic offense encourages drivers to stay and take responsibility.

Civil Liabilities

Those who flee the scene of a car accident are also liable for civil lawsuits from victims seeking damages. There are three main categories of personal injury compensation, which are economic, non-economic, and punitive.

Economic Damages

This is the compensation you receive to cover financial expenses that you incurred due to injuries suffered in a hit-and-run accident. Compensation for economic damages can include the following:

• Past medical bills
• Ongoing and future medical expenses
• Lost wages or income
• Lost future income
• Damage to or loss of property

You can begin to prove the amount you are owed in economic damages can by using tangible documentation such as hospital bills, paychecks, and purchase receipts. However, in some cases, it may also be necessary to consult experts to accurately estimate the monetary value of your future medical care needs and lost future income.

Non-Economic Damages

Injuries sustained in a hit-and-run accident can cause you pain and suffering, as well as emotional stress. Non-economic damages, which are also known as general damages, exist to compensate you for these damages. General damages can be difficult to calculate because they cannot be measured in quantifiable terms.

However, whatever the damage you have suffered as a direct result of your injury, your personal injury attorney can help you determine the amount of compensation you deserve for your non-economic loss by working with experts of all sorts. This may include surgeons, physical therapists, or psychologists to gain insight into the impact the accident has had on you.

Punitive Damages

While a simple car accident would be unlikely to qualify for punitive damages, choosing to leave the scene of an accident without checking that the other person is ok or calling for help is a reckless act. In cases where the defendant’s action shows a reckless or malicious disregard for the safety of others, the way can be opened up for the awarding of punitive damages. Punitive damages aim not only to compensate the victim for their losses but also to act as a wider deterrent to this undesirable behavior.

In Texas, punitive damages are capped at $200,000 or four times the amount of actual damages awarded, whichever is greater. These damages are not a given and can only be awarded if other damages are awarded as well. We will work with you to build a strong case and convince the jury that the defendant did injure you and that you deserve maximum compensation.

What Influences the Value of Your Claim as a Hit-and-Run Victim?

When a judge or jury determines the amount to award you, they will consider several factors that we will present at trial. The most significant determining factor is the type and severity of the injuries that you sustained, which we will show with medical records to show what happened and expert testimony to explain why your injuries are serious.

In general, the more serious your injury, the larger the payout will be. Other factors that will influence how much you will receive in damages include your medical expenses, loss of past and future income, how much need there is for ongoing or long-term treatment, the amount of insurance coverage available, and any punitive damages awarded at the trial.

Will I Need To Go to Court?

Not necessarily! Although insurance companies have a reputation for lowball offers and insubstantial payouts, we find that, in many cases, it is possible to reach a satisfactory settlement without having to go to trial. If you choose us as your legal representation, you can trust that we will show up for you every time.

Why Choose a Specialist Car Accident Attorney?

The law is a vast ocean of knowledge, and it is normal for attorneys to concentrate on one area to provide the best possible representation to their clients. Just as you wouldn’t go to a cardiologist for cancer advice, it doesn’t make sense to get advice in your hit-and-run case from a family lawyer or a tax lawyer, no matter how skilled they are in their areas of expertise. You are most likely to get a satisfactory resolution to your case when your advocate is a personal injury lawyer with experience in car accident cases like yours.