Failure to stop and render aid in Texas is a criminal offense that ranges from a Class C misdemeanor to a second-degree felony carrying up to 20 years in prison, depending on whether the crash caused only property damage, an injury, a serious bodily injury, or a death. A conviction also triggers an automatic driver’s license suspension, an SR-22 insurance requirement, and potential civil liability that runs separately from the criminal case. Texas Transportation Code Chapter 550 sets out the duties every driver owes after a collision, and the penalties climb sharply with the harm done.
What the Law Requires After a Crash
Under Transportation Code Section 550.021, a driver in a crash that results in or is reasonably likely to result in injury or death must immediately stop at the scene or as close as possible, determine whether anyone needs help, and stay until every legal duty is met.1State of Texas. Transportation Code Chapter 550 – Section 550.021 The stop cannot block traffic more than necessary.
If anyone is hurt, the driver must provide reasonable assistance. That can mean calling 911, giving basic first aid, or arranging transport to a hospital when treatment is clearly needed. You don’t have to drive an injured person yourself if calling emergency services makes more sense, but doing nothing is not an option.
Section 550.023 also requires every driver in a crash to give their name, address, vehicle registration number, and the name of their auto insurer to anyone injured and to the driver, occupant, or attendant of any other vehicle involved. You must show your driver’s license if asked.2State of Texas. Transportation Code Section 550.023
If the crash involves only an unattended vehicle or property, the driver must make a reasonable effort to find the owner. When that fails, a written notice with the driver’s contact information has to be left in a conspicuous spot on the vehicle or property.
Criminal Penalties by Severity
Texas breaks the offense into four tiers based on what the crash caused. The middle tier for non-serious injuries is the one most people overlook, and it carries its own punishment separate from the standard felony grades.
Property Damage Only
When no one is hurt and only vehicles or property are damaged, leaving the scene is a misdemeanor under Section 550.022. The level turns on the dollar amount:
- Under $200 in total damage is a Class C misdemeanor, punishable by a fine of up to $500 with no jail time.3State of Texas. Texas Penal Code Section 12.23
- $200 or more in total damage is a Class B misdemeanor, punishable by up to 180 days in county jail, a fine of up to $2,000, or both.4State of Texas. Texas Penal Code Section 12.22
The $200 line sounds low, and it is. Even a minor fender-bender usually clears it. A Class B misdemeanor still produces a criminal record that shows up on background checks and can affect insurance rates.
Non-Serious Injury
When someone is hurt but the injury doesn’t meet the Penal Code definition of serious bodily injury, Section 550.021(c)(2) sets a standalone punishment that doesn’t fit the ordinary felony grades: up to five years in state prison or up to one year in county jail, a fine of up to $5,000, or both the fine and imprisonment.1State of Texas. Transportation Code Chapter 550 – Section 550.021 This is the tier prosecutors charge when a victim has cuts, bruises, or broken bones that don’t create a substantial risk of death or permanent disfigurement.
Serious Bodily Injury
If the crash causes serious bodily injury, the offense is a third-degree felony. Under the Texas Penal Code, serious bodily injury means an injury that creates a substantial risk of death, causes permanent disfigurement, or produces long-term loss or impairment of a bodily function. The range is 2 to 10 years in the Texas Department of Criminal Justice with a possible fine of up to $10,000.5State of Texas. Texas Penal Code Section 12.34
Death
When a victim dies, leaving the scene becomes a second-degree felony carrying 2 to 20 years in prison and a possible fine of up to $10,000.6State of Texas. Texas Penal Code Section 12.33 Fatal hit-and-runs are treated as high-priority cases, and prosecutors regularly obtain convictions in this range when the evidence shows the driver knew or should have known someone was seriously hurt.
What Can Make Sentencing Worse
The base ranges are the starting point. Several factors push sentencing higher or add separate charges.
Intoxication is the most common aggravator. A driver who was drunk or high at the time of the crash can face intoxication assault (a third-degree felony, 2 to 10 years) or intoxication manslaughter (a second-degree felony, 2 to 20 years) as separate charges alongside the failure to stop.1State of Texas. Transportation Code Chapter 550 – Section 550.021 These are independent offenses with their own prison terms, and prosecutors regularly ask for consecutive sentences. Many hit-and-run cases start with a driver trying to avoid a DWI investigation; fleeing adds charges rather than avoiding them.
A prior criminal record, especially for similar offenses, tends to move judges toward the high end of the range. Efforts to hide evidence, such as repairing body damage, changing plates, or concealing the vehicle, give prosecutors grounds to argue consciousness of guilt.
When multiple people are injured or killed, each victim can support a separate count. If those sentences run consecutively rather than concurrently, total prison exposure multiplies.
How Long Prosecutors Have to Charge You
The statute of limitations depends on the severity of the crash. If someone died, there is no time limit at all. Charges can be filed at any point, however many years have passed.7State of Texas. Texas Code of Criminal Procedure Chapter 12 For felony hit-and-run offenses involving injury short of death, prosecutors have three years from the crash date. Misdemeanor property-damage cases carry a two-year window.
The no-limitations rule for fatal crashes matters. Cold-case hit-and-run investigations can resurface years later through new surveillance footage, witness tips, or forensic advances, and a driver’s exposure never ends.
License Suspension and SR-22
A conviction for failure to stop and render aid triggers a mandatory license suspension through the Texas Department of Public Safety. A first offense brings a one-year suspension; a second or subsequent offense brings 18 months. The suspension is automatic once the court reports the conviction.8Texas Department of Public Safety. Driver License Enforcement Actions
Reinstatement after the suspension requires a $100 fee and proof of financial responsibility through an SR-22 insurance certificate, which has to stay on file for two years from the conviction date.9Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) The SR-22 requires minimum liability coverage of $30,000 for injury or death of one person, $60,000 for injury or death of two or more people, and $25,000 for property damage.
The financial hit runs well past the filing fee. Insurers treat SR-22 drivers as high-risk, and premiums commonly rise by 60% or more after a serious traffic conviction. Some drivers see rates double or triple depending on their overall record and the insurer.
A driver whose license is suspended may petition a court for an occupational license, which allows limited driving for work, school, medical appointments, and essential household needs. The petition has to describe the specific hours and routes needed and include proof of financial responsibility along with a certified copy of the complete driving record.10State of Texas. Transportation Code Chapter 521 Courts have broad discretion and can deny the petition entirely for serious offenses or repeat offenders.
Commercial and Professional License Consequences
Commercial drivers face separate federal consequences. Leaving the scene of an accident is classified as a major offense for CDL holders. A first offense brings a one-year disqualification from operating any commercial motor vehicle, or three years if the driver was hauling hazardous materials. A second offense brings a lifetime disqualification. A state may reinstate a lifetime-disqualified driver after 10 years if the driver completes a rehabilitation program, but a later major offense makes the ban permanent.11eCFR. 49 CFR 383.51 – Disqualification of Drivers For a professional truck driver, even a first offense effectively ends the career for at least a year.
Felony convictions also create problems for people who hold professional licenses. Texas licensing boards for nurses, teachers, real estate agents, attorneys, and others review criminal records and can suspend, revoke, or impose conditions on a license after a felony conviction. The specifics vary by profession and board, but a second- or third-degree felony conviction typically triggers a formal disciplinary review. Attorneys convicted of a felony face automatic interim suspension in most jurisdictions.
Civil Lawsuits on Top of Criminal Charges
The criminal case is only part of the exposure. Victims and their families can file personal injury or wrongful death lawsuits seeking compensation, and civil cases operate independently from the criminal prosecution. A driver can be acquitted of criminal charges and still lose the civil case, because the civil standard of proof is preponderance of the evidence rather than beyond a reasonable doubt.
Damages usually include medical expenses, lost income, pain and suffering, and, in fatal cases, funeral and burial costs. When the conduct is especially egregious, such as fleeing to avoid a DWI investigation, courts may award punitive damages on top of compensatory damages.
Texas uses a modified comparative fault system. A victim’s own share of fault reduces recovery, and a victim found more than 50% responsible cannot recover anything. In a hit-and-run case, the fleeing driver almost always bears the larger share of fault, so this defense rarely succeeds.
Insurance can also fall through. If the fleeing driver is later identified, the insurer may deny coverage under policy exclusions for criminal conduct, leaving the driver personally responsible for the full judgment.