Is a Hit-and-Run a Felony in Texas?

A hit-and-run crash leaves you with an injury, a damaged car, and no one at the scene to answer for either. You have probably heard that leaving the scene is a felony in Texas, and you are wondering whether that label changes who pays your bills. It can, but a hit-and-run accident is both a crime and a civil claim, and the civil side is the one that puts money toward your recovery.

The hardest part is that waiting works against you. Evidence at the scene disappears, witnesses forget what they saw, and the trail that could identify the driver goes cold within days. Meanwhile the bills do not wait. Medical costs and missed paychecks pile up, and the deadlines that protect your claim keep running whether or not you feel ready.

You do not have to sort the criminal side and the insurance side out on your own. At LeMaster Law Firm, we help injured drivers recover after a hit-and-run, including the common case where the other driver is never identified. Because our work began on the insurance-company side of these claims, we know how an adjuster reads a file with no one else to blame, and we build yours to answer those questions early.

Is a Hit-and-Run a Felony in Texas?

Whether a Texas hit-and-run is a misdemeanor or a felony comes down to what the crash caused. Leaving the scene is a misdemeanor when the only harm is vehicle damage, and a felony when the crash injured or killed someone.

When a hit-and-run causes no injuries and only property damage, the penalty is a misdemeanor set by the dollar amount of that damage:

• Less than $200 in total damage to all vehicles is a Class C misdemeanor.
• $200 or more in total damage is a Class B misdemeanor.

You may see these cases called a “hit and run Texas penal code” matter, but the duties and penalties come from the Texas Transportation Code (Tex. Transp. Code § 550.022), not the Penal Code. Hit-and-run is just the everyday name. Texas law calls the underlying offense failing to stop and leave information, or failing to stop and render aid.

A misdemeanor charge does not mean your losses are small or that you cannot recover. Your right to compensation runs on a separate civil track, the same one behind any other car accident claim.

When Injury or Death Makes a Hit-and-Run a Felony

When someone is hurt or killed, a hit-and-run stops being a traffic matter and becomes a felony. Texas sets the felony level by how badly the crash harmed a person.

• If the crash caused a death, leaving the scene is a second-degree felony.
• If it caused serious bodily injury, it is a third-degree felony.
• If it caused an injury that is not serious bodily injury, the driver still faces up to five years in prison or up to a year in county jail, a fine of up to $5,000, or both.

These tiers come from the Texas Transportation Code (Tex. Transp. Code § 550.021). Serious bodily injury is a specific legal term. It means an injury that creates a substantial risk of death, permanent disfigurement, or long-term loss or impairment of a body part or organ (Texas Penal Code § 1.07).

Behind these charges is a duty every Texas driver carries after a crash: to stop at the scene, give your name, address, and vehicle registration, show your license if asked, and help anyone who is hurt get care. Failing to do that is why the offense is often called failure to stop and render aid. These penalties fall on the driver in the criminal system, which is only half of the picture.

What a Hit-and-Run Charge Means If You Were the One Who Got Hurt

Once the police get involved, it is easy to assume the outcome is out of your hands. In Texas, it is not. A hit-and-run creates two separate cases.

The criminal case is the state’s, and a court can order punishment and even restitution against the driver. That process is built to hold the driver accountable, not to cover what your recovery actually costs. Your injury claim is a separate civil matter, and it belongs to you alone.

A conviction or a restitution order does not replace that civil claim, and restitution rarely covers the full cost of a serious injury. If the driver is later identified, you can sue that person directly for your losses. Fleeing the scene is also the kind of conduct that can support exemplary damages, which Texas allows only when the evidence meets a high clear-and-convincing standard (Tex. Civ. Prac. & Rem. Code ch. 41).

You do not have to wait on the criminal case at all. Your civil claim can move forward whether or not the driver is ever caught or charged.

How to Recover Compensation When the Driver Flees or Is Never Found

A vanished driver does not have to mean no recovery. When the at-fault driver is never identified, your own auto policy often becomes the main source of compensation.

Uninsured Motorist Coverage When the Driver Cannot Be Found

Uninsured motorist coverage is built for this situation, and it can pay for your injuries and vehicle damage when the at-fault driver cannot be found. Texas requires insurers to offer this coverage, but you are not required to buy it, so whether it applies depends on whether you kept it on your policy.

Texas adds one condition when the driver is unidentified. The other vehicle generally must have made actual contact with you or your car for an uninsured motorist claim to apply (Tex. Ins. Code § 1952.104). A crash with no contact is harder to prove and usually needs independent witnesses.

Coverage That Pays Regardless of Fault

Personal injury protection (PIP) and medical payments coverage can also help. Both pay medical bills and some lost income no matter who caused the crash, so coverage can begin while the driver is still unknown.

What to Do in the First Days After a Hit-and-Run

A few early steps protect both your health and your claim:

• Call the police and ask for a written crash report.
• Write down what you remember about the other vehicle, including a partial plate, the make and color, and the direction it drove off.
• Photograph the scene, both vehicles, and your visible injuries before anything is moved or repaired.
• Collect names and phone numbers from anyone who saw the crash.
• See a doctor promptly, even if you feel fine, so your injuries are documented and tied to the crash.
• Report the crash to your own insurer, but hold off on a recorded statement until you have advice.

From there, a lawyer can request the police report, locate witnesses, and open the uninsured motorist claim so evidence is preserved before it disappears.

Frequently Asked Questions About Texas Hit-and-Run Laws

How Long Do I Have to File a Hit-and-Run Injury Claim in Texas?

You generally have two years from the date of the crash to file an injury claim against the driver who hit you (Tex. Civ. Prac. & Rem. Code § 16.003(a)). A claim under your own uninsured motorist coverage is a separate contract claim against your insurer, with its own deadline and notice rules in the policy, so it helps to act early and confirm both dates with a lawyer.

What If I Do Not Have Uninsured Motorist Coverage?

You may still have ways to recover. Personal injury protection or medical payments coverage on your policy can pay medical bills and some lost wages regardless of fault, and your health insurance can help with treatment. If the driver who hit you is later identified, you can also pursue a claim directly against that person for your injuries and property damage.

Does a Police Report Matter for My Hit-and-Run Claim?

Yes. A prompt police report is one of the most useful records you can have because it helps investigators identify the driver and documents the crash while details are fresh. Most insurers will also want to see it, and you generally need it to open an uninsured motorist or liability claim, so report the crash and request a copy as soon as you can.

Talk With a Tomball Car Accident Lawyer After a Hit-and-Run

A hit-and-run leaves you with real injuries, mounting bills, and an adjuster who may already be calling about a driver no one has found. Before you give that adjuster a recorded statement or accept an early offer, it helps to know what your claim is actually worth.

At LeMaster Law Firm, we handle hit-and-run claims for injured drivers, open the uninsured motorist claim early, and take the insurance calls so you can focus on healing. Your consultation is free, we answer the phone 24 hours a day, and you pay no fee unless the firm recovers compensation for you.

Call (832) 356-7983 or schedule a free consultation today. The sooner you reach out, the more evidence remains to protect your claim.