The Split-Second Decision That Could Cost You Everything
A moment of panic, a hasty decision—is leaving the scene of an accident a felony in Angleton? This question can turn a bad day into a life-changing crisis for drivers in this town of Texas.
The answer to this question isn’t just about breaking the law. It can change a person’s whole life. Leaving an accident scene can end careers, lead to jail time, and cause big problems for everyone involved.
This article will explain when leaving an accident is a felony, what punishments drivers might face, and what they should do after an accident. We’ll look at Texas laws and what they mean in Angleton.
Whether you’re a new driver or have years of experience, this information is essential. It could save your job and keep you out of serious trouble. By the end, you’ll know what to do in an accident, helping you make the right decision when seconds matter.
Key Takeaways:
- Leaving the scene of an accident in Angleton, Texas, can be a serious crime. It’s a felony if someone dies or is badly hurt, with penalties including years in prison and large fines. Even if it’s just a minor accident with property damage, leaving the scene is still illegal and can result in misdemeanor charges. The law requires all drivers involved in an accident to stop, help injured people, and share their information.
- Hit-and-run accidents can have lasting consequences beyond legal penalties. Due to their criminal record, drivers might lose their licenses, face higher insurance rates, and have trouble finding jobs or housing. To avoid these issues, drivers should always stop after an accident, call for help, and exchange information with others involved. It’s important to wait for the police to arrive before leaving the scene.
- There are some legal defenses for leaving an accident scene, such as not knowing about the accident or leaving due to an emergency. The law also sets time limits for when charges can be filed, which is called the statute of limitations. Even hitting an animal requires drivers to stop and try to find the owner. It’s always best to stop and report any accident, no matter how minor.
Texas Law on Leaving the Scene of an Accident
In Texas, including Angleton, drivers involved in an accident must stop at the scene. The Texas Transportation Code Section 550.021 requires these drivers to:
- Stop immediately at the scene or as close as possible without blocking traffic.
- Return to the scene if they didn’t stop right away.
- Determine if anyone needs medical attention and call 911 if necessary.
- Provide reasonable assistance to injured persons, including transport to a hospital if needed.
Drivers involved in the accident must exchange contact and insurance details with others involved. For accidents with unattended vehicles or property, these drivers must leave a note with their information. Failing to do these things can lead to hit-and-run charges.
When Is Leaving the Scene a Felony?
In Angleton, leaving the scene of an accident can be a felony in several cases, with the severity depending on the accident’s outcome. Here are the specific scenarios:
- If someone dies: This is a second-degree felony under Texas Penal Code § 12.33. Drivers could face 2 to 20 years in prison and up to $10,000 in fines. The severity of this penalty reflects the grave consequences of failing to render aid in a fatal accident.
- If someone is badly hurt: This is a third-degree felony under Texas Penal Code § 12.34. The punishment can be 2 to 10 years in prison and up to $10,000 in fines. This charge applies when the accident results in injury to another person.
These severe penalties show how serious it is to flee the scene of an accident. They serve as a strong deterrent and emphasize the importance of remaining at the accident site to provide information and assistance.
Misdemeanor Charges for Leaving the Scene
Not all hit-and-run incidents result in felony charges. Sometimes, leaving the scene may be a misdemeanor:
- If the accident only damaged a vehicle, This can be classified as a misdemeanor. The specific penalties may vary based on the circumstances of the accident.
- For misdemeanor charges, penalties can include fines and potentially jail time, depending on the severity of the incident and any prior offenses.
Even if drivers didn’t cause the accident, they must stop and share information. This legal obligation applies to all drivers involved in an accident, regardless of fault. Failing to do so can result in misdemeanor charges, which can still significantly affect a person’s driving record and insurance rates.
Other Consequences of Leaving an Accident Scene
Besides jail time and fines, leaving an accident scene can cause other significant problems. These additional consequences can have long-lasting effects on a person’s life, often extending beyond the immediate legal penalties.
- License suspension: Drivers might lose their right to drive for a while. This can make it difficult to commute to work or handle daily responsibilities.
- Higher insurance rates: Car insurance costs could go up a lot. Insurance companies often view hit-and-run offenders as high-risk drivers.
- Job issues: Some employers don’t want to hire people with criminal records. This can limit career opportunities and make it harder to find employment.
- Housing problems: It might be harder to rent a home with a criminal record. Many landlords conduct background checks and may be hesitant to rent to someone with a hit-and-run conviction.
These effects can last long after any jail time or fines are over. They can impact various aspects of a person’s life, from their ability to drive and work to their housing options and financial stability. It’s essential to consider these long-term consequences when faced with the decision to leave an accident scene.
What to Do After an Accident
To avoid charges for leaving an accident scene, drivers should follow several important steps. These actions not only comply with the law but also protect everyone involved in the accident.
Immediately after an accident, drivers should:
- Stop the car in a safe place, away from traffic, if possible.
- Check if anyone is hurt and call 911 if needed. Even if injuries seem minor, it’s better to have them evaluated by professionals.
- Exchange contact and insurance information with the other driver. This includes names, phone numbers, insurance company names, and policy numbers.
- Take photos of the damage if it’s safe to do so. These can be useful for insurance claims and potential legal proceedings.
Drivers should wait for the police to arrive if they’ve been called. While waiting, it’s a good idea to write down what happened while the details are fresh in mind. It’s critical not to leave until all these steps are done and the police have given permission to depart. Leaving too soon, even after exchanging information, could still be considered fleeing the scene.
Legal Defenses for Leaving the Scene
If someone is charged with leaving an accident scene, there are several possible defenses that can be presented in court. These defenses aim to explain the circumstances that led to leaving the scene and potentially reduce or dismiss the charges.
Some common defenses include:
- Not knowing about the accident: Sometimes, drivers might not realize they were in an accident. This can happen in cases of very minor impacts or when driving large vehicles where small collisions might not be noticeable.
- Emergency situations: If a driver left to get immediate medical help or to report the accident from a safer place, this could be a valid defense. The key is proving that the emergency was genuine and that leaving was necessary.
- Mistaken identity: In some cases, witnesses might identify the wrong vehicle. This defense involves proving that the accused was not actually at the scene of the accident.
- Fear for safety: If the driver left because they were afraid for their safety, this could be a defense. However, it’s important to show that the fear was reasonable under the circumstances.
- Influence of prescription medication: If a driver was recently prescribed medication and was unaware of its side effects, such as drowsiness or impaired judgment, this could be used to explain their actions. It’s important to note that while Texas law prohibits driving under the influence of drugs or alcohol, unexpected reactions to prescribed medications might be considered as a mitigating factor.
- Statute of limitations: If the time limit for filing charges has expired, this could be used as a defense. The prosecution must bring charges within a specific timeframe, which varies depending on the severity of the offense.
These defenses need to be carefully presented in court by a lawyer. Each case is unique, and the effectiveness of these defenses can vary based on the specific details of the incident and the evidence available. A skilled Angleton truck accident attorney can help evaluate the circumstances and determine the most appropriate defense strategy.
Statute of Limitations
In Texas, the law sets specific time limits, known as statutes of limitations, for filing charges related to leaving the scene of an accident. These time limits are important because they determine how long a person can be charged with a crime after an incident.
The Texas Civil Practice and Remedies Code § 16.003 sets the statute of limitations for most civil cases related to car accidents. However, for criminal charges of leaving the scene of an accident, different timelines apply:
- For felony charges, which apply to accidents involving deaths or serious injuries, charges must be filed within 3 years of the incident.
- Misdemeanor charges, typically for accidents with only property damage, must be filed within 2 years of the accident.
After these time limits pass, a person usually can’t be charged with the crime. However, it’s important to note that there can be exceptions to these rules in certain circumstances. Always consult with a legal professional for the most accurate information about how the statute of limitations applies to a specific case.
Hit-and-Run Involving Animals
The law also addresses situations where a driver hits an animal in Texas. While it’s not typically classified as a “hit-and-run” in the same way as accidents involving vehicles or pedestrians, drivers still have legal obligations:
- If you hit a dog or livestock: According to Texas Transportation Code Section 552.007, you must stop and take reasonable steps to notify the animal’s owner. If you can’t find the owner, you should report the incident to local law enforcement.
- For other animals: While not specifically mentioned in the law, hitting any animal could be considered property damage under Texas Transportation Code Section 550.025. This law requires drivers who damage unattended property to take reasonable steps to locate the owner and notify them of the damage.
Failing to follow these steps could result in legal consequences. The exact penalties may vary depending on the circumstances and the value of the animal.
Remember, it’s always best to stop and report any accident, even if it only involves an animal. This not only complies with legal requirements but also demonstrates responsible driving behavior and could help an injured animal receive needed care.
Accident Scene Charges in Angleton? We Can Help
Is leaving the scene of an accident a felony in Angleton? As we’ve explored, it can be – especially if someone is hurt or killed. The consequences can be life-changing, affecting everything from your freedom to future job prospects.
Don’t let a moment’s panic lead to years of regret. If you’re facing charges for leaving an accident scene in Angleton, Scott M. Brown & Associates is here to help. Our legal team doesn’t just handle traffic incidents – we offer legal support across multiple practice areas.
Regarding criminal defense, we’ll fight to protect your rights and freedom. If you’ve been hurt in an accident, our knowledge of personal injury will help you seek the compensation you deserve. Our family law services guide you through difficult times, from divorce to child custody issues. We even help navigate the complex world of immigration law.
With Scott M. Brown & Associates, you’re not just getting a lawyer – you’re getting a team dedicated to your rights and future. Don’t wait until it’s too late. Contact us today for a consultation. Let us help you understand your options and fight for the best possible outcome in your case.