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Updated & Reviewed by
C.J. Baker -
July 14, 2026
A hit-and-run accident can leave you feeling overwhelmed in more ways than one. In addition to dealing with injuries and vehicle damage, you may be wondering how you’ll recover compensation if the driver responsible simply disappeared.
Fortunately, Texas laws require drivers involved in an accident to stop, exchange information, and provide reasonable assistance to anyone who has been injured. A driver who flees the scene can face serious criminal penalties, but those criminal consequences are separate from your right to pursue compensation for your injuries.
Whether the at-fault driver is eventually identified or remains unknown, you may still have legal options. Below, we’ll explain:
Although people commonly refer to them as “hit and run laws,” Texas law does not use that specific phrase. Instead, the Texas Transportation Code outlines what every driver is legally required to do after being involved in a crash.
If an accident results in property damage, injury, or death, drivers must stop as close to the scene as safely possible and remain there long enough to fulfill their legal responsibilities. Depending on the circumstances, those responsibilities include:
Leaving the scene before meeting these obligations is against the law. More importantly for injured victims, it can make an already difficult situation even more stressful by delaying medical treatment, complicating the insurance claims process, and making it harder to identify the person responsible for the crash.
The penalties for leaving the scene of an accident depend largely on the severity of the crash.
If the accident only involves property damage, leaving the scene may result in misdemeanor criminal charges. However, when someone suffers bodily injuries, the consequences become much more serious. Drivers who flee an accident involving injury can face felony charges, with the potential penalties increasing significantly if the accident results in death.
While these criminal penalties may hold the fleeing driver accountable, they don’t automatically compensate injured victims for their losses. Criminal proceedings are handled separately from civil personal injury claims. Even if the other driver is charged or convicted, you may still need to pursue an insurance claim or personal injury lawsuit to recover compensation for your medical bills, lost wages, and other damages.
The moments after a hit-and-run accident are often chaotic, but the steps you take can have a significant impact on both your health and your ability to recover compensation later.
Your first priority should always be your safety. Move to a safe location if possible and call 911 immediately. Even if your injuries seem minor, it’s important to receive a medical evaluation. Some injuries may not present obvious symptoms right away, including:
When emergency responders arrive on the scene, the police officers will also take testimony from you and any witnesses to create a police report.
If you’re physically able, try to gather as much information as possible about the fleeing vehicle. Even small details such as the make, model, color, or part of the license plate can help investigators identify the driver.
You should also take photographs of the accident scene, your vehicle, visible injuries, skid marks, debris, and any surrounding traffic signs or signals.
Witnesses can also play a critical role in hit-and-run investigations. If anyone saw the accident, ask for their contact information before they leave.
Nearby businesses or homes may have surveillance cameras that captured the collision or the fleeing vehicle. Because many security systems automatically overwrite footage after only a few days, acting quickly can make a meaningful difference.
Before accepting any insurance settlement or assuming you have no options because the other driver fled, it’s often worth speaking with an experienced personal injury attorney. An attorney can begin preserving evidence immediately while investigating every potential source of compensation available to you.
Yes. Leaving the scene of an accident does not protect someone from civil liability. If investigators identify the driver, they can still be held financially responsible for the damages their negligence caused.
However, it’s important to understand that fleeing the scene does not automatically prove the driver caused the accident. Liability must still be established using the available evidence. For example, investigators may rely on witness statements, physical evidence, surveillance footage, vehicle damage, and accident reconstruction to determine exactly how the crash occurred.
That said, a driver’s decision to leave the scene may be considered alongside the other evidence when evaluating the circumstances surrounding the accident. Ultimately, every case depends on its own unique facts and your attorney will use those details to ensure you get the best possible outcome for your situation.
Just because the other driver fled doesn’t mean it’s impossible to determine what happened.
Insurance companies, law enforcement, and personal injury attorneys often work together to reconstruct the accident using every available piece of evidence.
Physical evidence is equally important. Vehicle debris, paint transfers, tire marks, and damage patterns often provide valuable clues about how the crash occurred. In more complex cases, accident reconstruction experts may analyze this evidence to determine the sequence of events and identify the party responsible.
In some situations, witnesses may only remember part of a license plate, but that may be enough for law enforcement to locate the responsible vehicle.
While identifying the fleeing driver is always the ideal outcome, it isn’t the only path toward financial recovery.
If the at-fault driver can’t be located, your own insurance policy may provide coverage through uninsured motorist coverage. In Texas, uninsured motorist coverage is designed to protect drivers when the person responsible for the accident either has no insurance or cannot be identified, which often includes hit-and-run accidents.
Depending on your policy, you may also have Personal Injury Protection or Medical Payments coverage available to help pay for medical expenses regardless of who caused the accident.
Unfortunately, insurance companies don’t always make these claims easy. They may dispute whether the accident qualifies as a hit-and-run under your policy or challenge the value of your injuries.
Before giving a recorded statement or accepting a settlement offer, consider speaking with a personal injury lawyer who can help protect your interests and ensure you’re pursuing every available source of compensation.
Yes. Many victims are still able to recover compensation after a hit-and-run accident, although the source of that compensation may vary depending on whether the at-fault driver is identified.
If the driver is identified, you may pursue compensation through their insurance policy or a personal injury lawsuit. If they remain unidentified, your own uninsured motorist coverage or other applicable insurance benefits may help cover your losses.
Depending on the circumstances of your case, compensation may include:
Every accident is different, and the amount of compensation available depends on factors such as the severity of your injuries, the available insurance coverage, and the evidence supporting your claim. An experienced attorney can evaluate your case and explain what types of damages may be available.
In most cases, Texas gives injured accident victims two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could prevent you from recovering compensation altogether.
However, waiting is rarely in your best interest. Hit-and-run cases often depend on evidence that can disappear quickly. Surveillance footage may be erased within days, physical evidence at the scene can be lost, and witness memories naturally fade over time.
Starting your claim as soon as possible gives your attorney the best opportunity to investigate the accident, preserve important evidence, and identify all available insurance coverage before valuable information is lost.
Hit-and-run accidents are often more complicated than other car accident claims because identifying the responsible driver isn’t always straightforward. An experienced car accident attorney can take over the investigation while you focus on your recovery.
Depending on your case, your lawyer may work with law enforcement, interview witnesses, obtain surveillance footage, preserve evidence, consult accident reconstruction experts, negotiate with insurance companies, and file a lawsuit if the at-fault driver is located.
Even if the other driver is never identified, an attorney can help you navigate your uninsured motorist claim and advocate for the full compensation available under your policy.
Like most personal injury cases, hit-and-run claims are typically handled on a contingency fee basis. That means you pay nothing upfront, and attorney’s fees are only collected if compensation is recovered on your behalf.
Being injured in a hit-and-run accident can leave you with more questions than answers. Fortunately, you don’t have to navigate the process alone.
At Armstrong Lee & Baker, our attorneys have extensive experience helping injured Texans pursue compensation after serious car accidents. Whether the other driver has already been identified or the investigation is still ongoing, we’ll evaluate your case, explain your legal options, and fight for the compensation you deserve.
Contact Armstrong Lee & Baker today for a free consultation with an experienced Texas personal injury lawyer. We’ll review your case, answer your questions, and help you move forward after a hit-and-run accident.
C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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