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TX injury lawyerA hit-and-run in San Marcos injured two pedestrians, landing both in the hospital where one still remains as of this writing. A middle-aged gentleman and his adult daughter were struck by a vehicle in the intersection of North Lyndon B. Johnson Drive and East Hutchison Street, which was then narrowed down to two possibilities by San Marcos police. If the vehicle is found - maroon in color, and either a GMC Yukon or a Chevrolet Tahoe - the driver will face serious penalties, in addition to a possible civil suit if the pedestrians choose to file one.

Leaving an Accident Scene Is a Crime

Many people think that if they cannot be caught after a hit-and-run, they have escaped responsibility, or at most, they might face a civil suit from any victim’s family. In reality, leaving an accident scene is a crime in Texas, and can be a second or third-degree felony if injury or death results. Even a hit-and-run which only causes property damage may be punished by anywhere between 1-5 years in the county jail and a fine of up to $5,000.

The sentences under this law can seem surprisingly harsh, but the rationale is that drivers have responsibilities in Texas, chief among which is to render aid and/or give information to law enforcement in the event of an accident. Even if the hit-and-run only damaged property, a failure to do that carries consequences. Ignorance of this responsibility is no excuse, either; Texas law criminalizes causing damage, whether or not that damage was intentional. Texas has so many drivers that the state legislature wanted to send a message that accountability matters.

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TX injury lawyerThe night of September 17 proved unlucky for a teenager trying to cross the intersection of Blanco Road and Parliament Street in San Antonio, as he was struck by a driver who ran the red light and then fled. The driver was later apprehended and charged, but the damage has still been done to the teenager, who was taken to University Hospital. As of this writing, no lasting damage appears to have been done, but hit-and-run accidents are still taken extremely seriously by San Antonio police, as they should be by every driver. If you have been the victim of a similar incident, you may be able to seek compensation for your injuries.

Leaving an Accident Scene Is Illegal

One of the most important things anyone can take away from this type of accident is that it is a crime to leave the scene of any accident that causes property damage or injury in Texas. Failure to stop after an accident that results in, or is likely to result in, injury or death is a felony in most cases, though if the injury is more minor, a misdemeanor may be assessed. Despite these stringent penalties, though, people, of course, do leave accident scenes, especially if they believe there is a possibility they will be able to escape without being stopped. The driver on Blanco Road fled the scene and was apprehended later, which added an additional count of failing to stop and render aid to the charges against her.

If the driver can be located, however, you may be able to bring suit against them for your harm suffered, even if they also face criminal charges. Under Texas law, a hit-and-run driver may be able to be sued for multiple types of damages, including medical bills, lost wages, pain and suffering (in certain circumstances), loss of marital companionship, and many other causes of action. This type of action is brought under a theory of negligence law, and if you can show that the driver was negligent (which should not necessarily be difficult, if they are arrested for failing to stop and render aid), compensation may be yours.

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TX accident lawyerAfter a crash involving a pedestrian on the afternoon of August 1, a driver has been apprehended on charges of failure to stop and render aid. A man died at the scene after another man’s car hit him while walking on the sidewalk near the corner of South First Street and West Ben White Boulevard. While the second man will face criminal charges, it is also likely that should the family of the deceased choose, he will also face a civil lawsuit for wrongful death.

Wrongful Death in Texas

Texas’ wrongful death statute holds that liability exists if someone’s death is caused by another person’s (or their agent’s) “wrongful act, neglect … or default.” In short, if Person A’s conduct rises to the level of negligence under the law, and that negligence causes Person B to die, Person A may be liable for wrongful death. To prove liability, one must show that (1) a duty of care existed between plaintiff and defendant; (2) that duty was breached; (3) the breach caused tangible harm to the plaintiff; and (4) that harm was done directly because of the defendant’s actions.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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