Visitor Question

Is it still a hit and run if police find the car?

Submitted By: Anonymous (Corpus Christi, Texas)

I got into an accident where the other party left without coming back to the scene of the accident. I wasn’t able to identify the other vehicle but luckily there was a witness. They say I made a little bit of a wide turn and the truck turned too soon making the trailer they were pulling enter into my lane. My front driver side tire collided with their trailer causing bout $7500 worth of damage.

The witness told police where to find the vehicle and they were able to find them. I picked up the police report and it doesn’t state hit and run, or that the other vehicle left and was found down the street in an alley. When I spoke with the officer who came out to the accident he stated that because they found the other vehicle it is no longer a hit and run.

Is this correct? What action can I take? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Technically there is no such thing as a “Hit and Run” in the State of Texas. Alternately, the offense you are referring to is more likely violation of statutes: “Duties Following Accident”and “Duty To Give Information And Render Aid”

Under Texas law, drivers involved in a car accident are required to stop at the scene of the accident and exchange information, including contact formation, insurance information, and if requested, to produce their drivers’ licenses. Additionally, drivers are required to render aid to those who may have been injured.

It’s a mystery why the police told you,“because they found the other vehicle it is no longer a hit and run…”

Texas law states:

“The (driver) of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:

  • Immediately stop their cars at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary
  • Immediately return to the scene of the accident if the car is not stopped at the scene of the accident; and
  • Remain at the scene of the accident until the driver complies with the requirements of Section 550.023
  • If the property damage amounts to $200.00 or more, a driver who fails to comply with the law commits a Class B Misdemeanor and is subject to arrest and incarceration”

To read applicable Texas law see: Texas Revised Statutes Section 550.022 and 550.023

Speak with the police again. Ask to speak with the Sergeant or Lieutenant in command. Explain your situation and ask to have the matter reviewed.

Learn more here: Texas Car Accident Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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