If your car was hit by another driver who left the scene, you’re likely frustrated, stressed, and wondering what to do next. Fortunately, Texas law provides legal options for victims of hit-and-run accidents. However, it’s important to act quickly to protect your rights and improve your chances of recovering compensation.
In this blog post, you’ll find helpful guidance on what to do, what compensation may be available, and how an experienced car accident lawyer can assist with your case.
What Is a Hit-and-Run Accident Under Texas Law?
Texas law requires drivers involved in accidents to stop and exchange information. If they fail to do so, they may be guilty of a crime under Texas Transportation Code § 550.021.
A hit-and-run occurs when a driver hits another vehicle, pedestrian, cyclist, or property and either:
- Fails to stop to provide identification and insurance details, or
- Leaves the scene before law enforcement arrives.
Leaving the scene of an accident can result in felony charges, especially if someone was injured or killed. Unfortunately, many hit-and-run drivers flee because they are uninsured, intoxicated, or driving without a valid license.
What Should I Do Immediately After a Hit-and-Run Accident?
The moments after a hit-and-run can be overwhelming, but what you do next can strongly affect your legal case. If you’re able, take the following steps:
Call 911 Right Away
Contact law enforcement to report the hit-and-run. A police report is essential for filing insurance claims and preserving evidence. Let the dispatcher know if anyone is injured.
Seek Medical Attention if Needed
Your health is the top priority. Even if your injuries seem minor, it’s wise to get checked out by a medical professional. Some injuries may not show symptoms right away.
Document the Scene
If it is safe to do so, gather evidence at the scene. Take photos of your vehicle, the surrounding area, any visible damage, debris, or skid marks. Write down details you remember about the other vehicle, such as its color, make, model, and license plate (even partial).
Talk to Witnesses
If anyone saw the accident, ask for their contact information. Witness statements can be invaluable in identifying the hit-and-run driver and proving your claim.
Notify Your Insurance Company
Promptly report the accident to your insurer. Be honest about what happened and provide any supporting evidence you have.
Contact a Car Accident Lawyer
An experienced attorney can evaluate your case, handle insurance negotiations, and explore all possible avenues of compensation. They’ll also know how to navigate the legal complexities of hit-and-run cases.
By taking these steps, you help lay the foundation for a stronger case and increase your chances of recovering the compensation you need.
Can I Still Recover Compensation if the Driver Is Never Found?
Yes, Texas law offers several options for hit-and-run victims to pursue compensation, even if the driver is never identified.
However, it can depend on what type of insurance coverage you have:
- Uninsured/underinsured motorist (UM/UIM) coverage: If you purchased UM/UIM coverage as part of your auto insurance policy, you may be able to file a claim through it.
- PIP insurance: Texas insurance policies also offer Personal Injury Protection (PIP) coverage unless you reject it in writing. PIP can cover medical expenses and lost wages, regardless of who was at fault.
- Collision coverage: If you have collision coverage on your policy, you can file a claim for vehicle repairs through it. Keep in mind that you may need to pay a deductible.
- Third-party claims: In rare cases, a third party such as a bar that overserved the driver (under Texas’s dram shop law) or a negligent mechanic could be held liable.
It’s important to review your insurance policy with your attorney to fully understand what coverage you may access after a hit-and-run.
Can a Hit-and-Run Driver Be Caught?
In many cases, law enforcement may be able to identify the hit-and-run driver, especially if you or witnesses provide helpful information.
To increase the likelihood of finding the driver, be sure to report:
- The other vehicle’s make, model, and color
- Any part of the license plate you remember
- Location and time of the accident
- The direction the car was heading
- Any identifying details, such as bumper stickers or damage
Nearby businesses or homes may also have security camera footage that captured the accident. Your lawyer can work to obtain this footage and coordinate with police during the investigation.
If the driver is located, you may be able to pursue a personal injury claim directly against them in addition to your own insurance coverage.
What Damages Can I Recover After a Hit-and-Run Accident in Texas?
If you file an insurance claim or lawsuit, you may be entitled to several types of compensation. The specific damages available depend on the circumstances of your case.
Economic damages cover your direct financial losses, such as:
- Medical bills (past, current, and future)
- Rehabilitation and therapy costs
- Lost income and reduced earning capacity
- Vehicle repair or replacement costs
- Other out-of-pocket expenses
Non-economic damages compensate you for more subjective losses, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Disability or disfigurement
In rare cases, punitive damages may also be available if the hit-and-run driver is located and their actions were especially reckless or egregious.
Contact an Austin Car Accident Lawyer at McMinn Personal Injury Lawyers for Legal Help
If someone hit your car and drove off in Austin or elsewhere in Texas, don’t give up hope. You may still have legal options, but acting quickly is key. An Austin car accident attorney at McMinn Personal Injury Lawyers can fight for the compensation you need and deserve while you focus on your recovery.
Reach out today to schedule a free consultation. Remember that since most lawyers in this area of the law work on contingency, you only pay attorney’s fees if you win compensation.
Contact our Personal Injury Lawyers at McMinn Personal Injury Lawyers for Legal Help With Your Case
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
