Texas Transportation Code § 550.021 –
Leaving the Scene of an Injury Accident
Table of Contents
Statutory Text:
§ 550.021(a): The operator of a vehicle involved in an accident that results in injury or death must:
Immediately stop the vehicle at the scene or as close as possible
Return to the scene if not stopped there
Determine if a person is injured or deceased
Remain at the scene and:
Give information
Render reasonable assistance
§ 550.021(b):
Failure to comply is:
A third-degree felony if serious injury occurs
A second-degree felony if the crash results in death
What Is Texas’s Hit and Run Law?
§ 550.021 requires drivers involved in serious crashes to:
Stop immediately
Render aid (such as calling EMS)
Provide name, address, vehicle registration, and insurance info
Leaving the scene, even momentarily, can result in felony charges.
When This Law Applies
This statute applies when an accident:
Causes bodily injury
Causes serious bodily injury or death
Involves any situation where the driver knew or should have known that someone was hurt
Example Scenario
A driver strikes a pedestrian in a crosswalk and flees the scene.
Later, police identify and arrest the driver.
They are charged with failure to stop and render aid, a second-degree felony because the pedestrian died.
If the pedestrian survived with serious injuries, it would be a third-degree felony.
Civil Liability for Hit and Run Drivers
Creates a strong presumption of fault
May support claims of gross negligence
Can lead to punitive damages
Often cited in wrongful death lawsuits
Related Statutes
§ 550.022 – Striking Unattended Vehicle
§ 550.023 – Duty to Give Information and Render Aid
Penal Code § 38.04 – Evading Arrest
State v. Miller, 696 S.W.2d 584 (Tex. App.—Dallas 1985)
Clarified that even delayed returning to the scene can trigger criminal liability.
Affirmed that the defendant must have knowledge of the injury, but flight can infer guilt.
Frequently Asked Questions About § 550.021
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. It’s a third-degree felony for serious injury, and a second-degree felony if someone dies.
Knowledge can be inferred from the nature of the crash, and courts often assume you should have known if there’s obvious damage.
Calling EMS or providing transportation to a hospital may be enough. Failing to act can be criminal.
Absolutely. It can support negligence per se, punitive damages, and often solidify fault.
Reinforced that governments are not liable unless they knew of the condition and failed to warn.