Failure To Remain At The Scene Of An Accident Defense Attorney
Texas law requires that a driver involved in an accident with another vehicle remain at the scene of the accident and exchange information with the other driver and assist the other driver in getting medical treatment if they are injured. The failure to do so is often referred to as “hit-and-run.” In Texas, a case of this type would generally be charged as failure to remain at the scene of an accident. If you or a loved one was arrested for failing to remain at the scene of an accident or fleeing the scene of an accident, criminal defense lawyer Waren Price at The Price Firm, PLLC, can help. He has successfully defended many people accused of hit-and-run, and he can help you.
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Understanding The Law Of Failure To Remain At The Scene Of An Accident (Hit-And-Run)
In order to convict a person for failing to remain at the scene of an accident for an accident involving injury or death, the state must prove each element of the offense beyond a reasonable doubt. The elements of failing to remain at the scene of an accident involving injury or death are:
- The driver of a vehicle involved in an accident that results in injury or death to any person must:
- Immediately stop their vehicle at the scene of the accident.
- immediately return to the scene of the accident if the vehicle did not stop at the scene.
- Immediately determine if anyone was injured or requires medical treatment and
- Remain at the scene until they have complied with the requirements for providing information and aid.
- The driver of a vehicle involved in an accident that results in injury or death must provide the following information and aid at the scene of the accident:
- The driver’s name and address, vehicle registration number and the name of the driver’s liability insurance carrier
- The driver’s license
- Reasonable assistance in obtaining medical care for any person injured in the accident
Other Names For This Offense
This offense is commonly referred to by different names, but all are effectively the same offense.
The following are some of the names commonly used to describe this offense:
- Fleeing the scene of an accident
- Failure to stop and render aid
- Leaving the scene of an accident
- Failure to remain at the scene of an accident
Penalties For Failing To Remain At The Scene Of An Accident
The penalties for failing to remain at the scene, fleeing the scene of an accident, or hit-and-run can be severe. It takes an otherwise unintentional injury accident and exposes the suspect to potential prison time. If the accident resulted in the death of another person, then the offense is a second-degree felony resulting in up to 20 years in prison. If the accident resulted in serious bodily injury to another person, then the offense is a third-degree felony which can lead to up to 10 years in prison. An accident resulting in even minor injury can be punished by up to five years in prison in the Texas Department of Criminal Justice.
Range Of Punishment
The following is a breakdown of the ranges of punishment for failing to remain at the scene of an injury accident in Texas based upon the extent of the injuries involved:
- Death of a person: 2nd Degree Felony (2 – 20 years in prison)
- Serious Bodily Injury: 3rd Degree Felony (2 – 10 years in prison)
- Any other injury: Felony (up to 5 years in prison)
Each of the first two offenses also carries the possibility of a fine of up to $10,000 and up to $5,000 for the lesser offense.
Defenses to Hit & Run
The following are some of the more common defenses or mitigating factors that arise in cases of Failing to Remain at the Scene of an Accident:
- Insufficient evidence of the identity of the driver;
- Client was unaware an accident had occurred;
- Client’s actions were not a contributing cause to the accident;
- Insufficient evidence of serious bodily injury;
- Insufficient evidence that any actual injury occurred;
- Client attempted to provide information and comply with statute.
Your case of Failing to Remain at the Scene of an Accident may involve one or more of these issues or something entirely different. We will work with you to develop the most effective defense in your case and hold the State to its burden of proof.
Dismissal or Reduced Sentence
If you decide to hire us to defend you in your Hit and Run case, we want to get you the best outcome we can get. Your case may be one that is appropriate for dismissal or possibly reduction to a lesser offense. While every case is different, we have achieved these types of results for many clients in the past. Let us fight for you as well. It is not unusual that cases of this type have deficiencies in the evidence. We will work with you to identify the weaknesses in the State’s case in order to put you in the best position for a successful outcome.
Hire The Aggressive Criminal Defense Attorney
If you were arrested for Failing to Remain at the Scene of an Accident or Hit and Run, then you face criminal charges that could lead to time in prison. It is critically important that you have an aggressive and experienced attorney on your side. Over the past 20 years, criminal defense attorney Waren Price has successfully defended many clients accused of Failing to Remain at the Scene of an Accident. He can help you as well.
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