Arrested for Hit and Run in Texas? What You Need to Know
Being involved in a car accident can be stressful—but leaving the scene of an accident in Texas without stopping can quickly turn a bad situation into a criminal charge.
If you’ve been arrested for a hit and run in Texas, you could be facing jail time, steep fines, and a permanent criminal record. Understanding what the law says, and how to defend against the charge, is critical.
Here’s what you need to know if you’ve been accused of a hit and run in Tyler, Smith County, or anywhere else in Texas.
What Is Considered a Hit and Run in Texas?
Under Texas Transportation Code § 550, drivers are legally required to:
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Stop immediately at the scene of an accident
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Exchange contact and insurance information
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Provide assistance if someone is injured
Failing to do any of the above is a criminal offense, often called Leaving the Scene of an Accident or Failure to Stop and Render Aid (FSRA).
The law applies whether the accident involved:
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Another driver
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A pedestrian
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A parked vehicle
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A fixed object (like a pole or fence)
Penalties for Hit and Run in Texas
The punishment depends on the severity of the crash and whether injuries occurred:
| Type of Incident | Criminal Charge | Penalties |
|---|---|---|
| Property damage only (minor) | Class C or B misdemeanor | Fines up to $2,000 and/or jail up to 180 days |
| Injury not serious | Felony of the third degree | 2–10 years in prison, fines up to $10,000 |
| Serious bodily injury or death | Felony of the second degree | 2–20 years in prison, fines up to $10,000 |
In addition to criminal penalties, you could also face:
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Civil lawsuits
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Increased insurance rates
What Happens After a Hit and Run Arrest?
If you’re arrested for a hit and run in Smith County, TX, your case will likely go through:
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Booking and bail at the Smith County Jail
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Arraignment where charges are formally presented
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Pre-trial hearings for motions and negotiations
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Trial, unless your case is resolved beforehand
You should avoid speaking to law enforcement or insurance investigators without your criminal defense attorney present.
Possible Defenses to Hit and Run Charges
Every case is different, but some potential defenses include:
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You were unaware that a crash occurred
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You feared for your safety and left to call 911
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You were not the driver of the vehicle
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Mistaken identity or false accusation
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No bodily injury or only minor property damage
In many cases, an experienced criminal lawyer can negotiate for reduced charges, dismissals, or deferred adjudication if you have no prior record.
Why You Need a Criminal Defense Lawyer in Tyler, TX
A hit and run conviction—especially a felony—can change your life. It can impact your employment, professional license, and even custody of your children.
Attorney Cheryl A. Wulf has over 20 years of experience defending clients across Smith County and East Texas. She knows how to analyze accident reports, challenge evidence, and protect your record.
Read about Cheryl’s Criminal Defense Practice
Need help with DWI charges after a hit and run? Click here
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.
