You are driving through the intersection at Paisano and El Paso Street when a car runs the red light and slams into your driver's side door. Before you can even process what happened, the other vehicle speeds away. No license plate. No driver information. Just the sound of a revving engine fading down the block.
Hit-and-run accidents are devastatingly common in El Paso. The city sees hundreds of reported hit-and-run crashes every year, and many more go unreported. These incidents happen on I-10 during rush hour, in parking lots along Montana Avenue, on residential streets in the Lower Valley, and at busy intersections throughout the city. The driver who hits you and flees leaves you with injuries, vehicle damage, and the terrifying question: who is going to pay for this?
Texas Hit-and-Run Laws and Criminal Penalties
Leaving the scene of an accident is a crime in Texas. The severity of the charge depends on whether anyone was injured:
Property damage only (Texas Transportation Code Section 550.022): Failing to stop and exchange information after an accident involving only property damage is a Class C misdemeanor for damage under $200, and a Class B misdemeanor for damage over $200, punishable by up to 180 days in jail and a $2,000 fine.
Accident involving injury (Section 550.021): Leaving the scene of an accident where someone is injured is a third-degree felony, carrying 2 to 10 years in prison and up to $10,000 in fines.
Accident involving death: If the hit-and-run results in a fatality, the charge escalates to a second-degree felony, with a potential sentence of 2 to 20 years in prison.
These criminal penalties are separate from any civil liability. Even if the hit-and-run driver is caught and charged criminally, you still need to pursue a separate civil claim to recover compensation for your injuries and damages.
Steps to Take After a Hit-and-Run Accident
The moments after a hit-and-run are chaotic, but what you do next can make or break your ability to recover compensation:
1. Try to Identify the Fleeing Vehicle
Note anything you can: the make, model, color, approximate year, any damage, distinguishing features, and most importantly, the license plate number or even a partial plate. The direction the vehicle fled is also helpful for police.
2. Call 911 Immediately
Report the accident and the hit-and-run. A police report is essential for both criminal investigation and your insurance claim. Officers may be able to locate the vehicle quickly if you provide a description.
3. Check for Cameras and Witnesses
Look around the accident scene for security cameras on nearby businesses, traffic cameras at the intersection, and dashcam footage from other vehicles. Ask bystanders and other drivers if they witnessed the accident or saw the fleeing vehicle. Get their contact information.
4. Document the Scene
Photograph your vehicle damage, your injuries, the intersection or road where the accident occurred, any debris left by the other vehicle, skid marks, and traffic signals. This evidence supports your claim whether or not the other driver is found.
5. Seek Medical Attention
Get to an emergency room or urgent care facility. Hit-and-run impacts are often severe, and the adrenaline response can mask serious injuries like internal bleeding, concussions, or spinal injuries. Medical records linking your injuries to the accident are critical for your claim.
6. Contact Your Insurance Company
Report the accident to your own insurer. If you have uninsured motorist coverage, this is the policy that will come into play if the hit-and-run driver is never identified.
Recovering Compensation After a Hit-and-Run
How you recover compensation depends on whether the fleeing driver is identified:
If the Driver Is Found
When the hit-and-run driver is identified through police investigation, camera footage, or witness information, you can pursue a claim against their auto insurance or file a lawsuit directly against them. Your car accident attorney can also pursue additional damages for the driver's criminal conduct in fleeing the scene.
If the Driver Is Never Found
This is where your own insurance becomes critical. Uninsured motorist (UM) coverage is designed for exactly this situation. UM coverage pays for your medical bills, lost wages, pain and suffering, and other damages when the at-fault driver has no insurance or cannot be identified.
Texas does not require UM coverage, but insurance companies are required to offer it when you purchase a policy. If you declined it, you may still have options. Some health insurance and personal injury protection (PIP) coverage can help cover medical expenses.
Important: Insurance companies sometimes try to deny or lowball UM claims just like any other claim. Having an attorney who understands UM coverage can make a significant difference in the outcome.
How a Lawyer Investigates Hit-and-Run Cases
You might think there is nothing a lawyer can do if the driver is gone. That is not true. An experienced personal injury attorney has tools and resources for investigating hit-and-run cases:
- Traffic camera footage: El Paso has traffic cameras at many major intersections. Your attorney can request footage before it is overwritten
- Business security cameras: Nearby gas stations, convenience stores, restaurants, and office buildings may have exterior cameras that captured the accident or the fleeing vehicle
- Dashcam footage: Other vehicles at the scene may have dashcams that recorded the incident
- Debris analysis: Paint chips, broken vehicle parts, and debris left at the scene can identify the make and model of the fleeing vehicle
- Witness canvassing: Returning to the accident scene at the same time of day to find regular commuters who may have seen something
- Social media and community outreach: Posting descriptions of the vehicle to neighborhood groups and local media to generate tips
The sooner you contact an attorney, the better the chances of preserving this evidence. Camera footage gets overwritten, witnesses forget details, and debris gets cleaned up.
Hit by a Driver Who Fled? You Still Have Options
A hit-and-run accident feels hopeless. The person who hurt you drove away, and you are left dealing with the consequences alone. But you are not without options, and you are not without help.
Lovett & Murray has over 30 years of experience handling hit-and-run cases in El Paso. We know how to investigate these cases, identify fleeing drivers, and maximize recovery through UM coverage when the driver is never found. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact us today for a free consultation or call 915-757-9999. Time matters in hit-and-run cases. The sooner we start investigating, the better your chances of getting justice and compensation.