Legal Question in Personal Injury in Texas

Recently I backed into another car in a parking lot. I pulled forward looked behind me didnt see any damage and left. Now I received a letter from the police dept. stating that I am under investigation for a hit and run. What can happen?


Asked on 8/29/10, 3:33 pm

1 Answer from Attorneys

David Ortiz Law Office of David Ortiz

See Tex. Transportation Code

Sec. 550.024. DUTY ON STRIKING UNATTENDED VEHICLE. (a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and:

(1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or

(2) leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

(b) A person commits an offense if the person violates Subsection (a). An offense under this section is:

(1) a Class C misdemeanor, if the damage to all vehicles involved is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.

Punishment for a Class C is a traffic ticket/fine depends on the jurisdiction (not to exceed $500)

Punishment for a Class B is up to 180 days in jail and/or up to a $2000.00 fine.

This is a criminal offense, so you are entitled to all your Constitutional rights including: right to counsel, to remain silent, and not to give testimony/evidence against yourself.

If I were in that situation. I would not answer any questions and remain silent. After all, they are going to need a witness to identify you as the driver (it could have been anybody driving the car). Also in Texas, a peace officer can only arrest you for a misdemeanor committed in his presence or if he has an arrest warrant.

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Answered on 9/03/10, 3:55 pm


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