The penalties for failure to stop and render aid in Texas range from a $500 fine to 20 years in prison, scaled to what the crash caused: property damage only, a non-serious injury, serious bodily injury, or death. Transportation Code Chapter 550 sets the duties, and the Penal Code supplies the punishment ranges once the charge level is fixed by the outcome of the wreck.
The Four Penalty Tiers
Texas sorts leaving-the-scene offenses by what happened to people and property. Most people don’t realize there is a distinct middle tier for injuries that don’t rise to “serious bodily injury,” and it carries its own punishment that doesn’t track the usual felony degrees.
Property Damage Only
If the crash caused only vehicle or property damage and no one was hurt, leaving the scene is a misdemeanor under Section 550.022. The level depends on the dollar amount.
- Under $200 in total damage: Class C misdemeanor, punishable by a fine of up to $500 with no jail time.1State of Texas. Texas Penal Code Section 12.23
- $200 or more in total damage: Class B misdemeanor, punishable by up to 180 days in county jail, a fine of up to $2,000, or both.2State of Texas. Texas Penal Code Section 12.22
The $200 threshold is easy to cross. Even a modest fender-bender usually exceeds it once bumper and paint work are totaled, which means most property-damage hit-and-runs land in the Class B range rather than the Class C one.
Crashes Causing Non-Serious Injury
When someone is hurt but the injury does not qualify as “serious bodily injury” under the Penal Code, the offense sits in its own category. Section 550.021(c)(2) sets a standalone punishment: up to five years in state prison or up to one year in county jail, a fine of up to $5,000, or both the fine and imprisonment.3State of Texas. Transportation Code Chapter 550 – Section 550.021 This is the tier prosecutors use when a victim has bruises, cuts, or broken bones that don’t create a substantial risk of death or permanent disfigurement.
Serious Bodily Injury
If the crash results in serious bodily injury, leaving the scene is a third-degree felony. “Serious bodily injury” under the Texas Penal Code means an injury that creates a substantial risk of death, causes permanent disfigurement, or results in the long-term loss or impairment of a bodily function. Punishment runs from 2 to 10 years in the Texas Department of Criminal Justice, with a possible fine of up to $10,000.4State of Texas. Texas Penal Code Section 12.34
Death
When a victim dies, the charge becomes a second-degree felony. The sentencing range is 2 to 20 years in prison and a possible fine of up to $10,000.5State of Texas. Texas Penal Code Section 12.33 Prosecutors treat fatal hit-and-runs as high-priority cases, and convictions near the upper end of the range are common when evidence shows the driver knew or should have known someone was seriously hurt.
Enhancements and Stacked Charges
The baseline ranges above are only the starting point. Several factors push sentencing higher or add separate offenses on top of the hit-and-run itself.
Driving while intoxicated is the most common aggravator. If the driver was drunk or high at the time of the crash, prosecutors can file intoxication assault (a third-degree felony, 2 to 10 years) or intoxication manslaughter (a second-degree felony, 2 to 20 years) as separate charges alongside the failure to stop.3State of Texas. Transportation Code Chapter 550 – Section 550.021 These are independent offenses with their own prison terms, and prosecutors often argue for consecutive sentences. Many hit-and-run cases begin as an attempt to avoid a DWI investigation, but fleeing adds charges rather than erasing them.
A prior criminal record, especially for similar offenses, pushes judges toward the top of the applicable range. Steps taken to hide involvement — repairing body damage, swapping plates, or concealing the vehicle — give prosecutors material to argue consciousness of guilt, which tends to eliminate any sympathy a judge or jury might otherwise extend.
When a crash injures or kills more than one person, each victim can support a separate count. If a judge orders those sentences to run consecutively rather than concurrently, total prison exposure multiplies accordingly.
How Long Prosecutors Have to File Charges
The filing window depends on the severity of the crash. If someone died, there is no statute of limitations. Charges can be filed at any point, no matter how many years have passed.6State of Texas. Texas Code of Criminal Procedure Chapter 12 For all other felony hit-and-run offenses, including those involving serious bodily injury or lesser injuries, prosecutors have three years from the date of the crash. Misdemeanor property-damage cases carry a two-year window.
The no-limitations rule for fatal crashes matters. Cold-case hit-and-run investigations can resurface years later through new surveillance footage, witness tips, or forensic developments, and a driver who believes they got away with a fatal crash has indefinite exposure.
License Suspension and SR-22
A conviction for failure to stop and render aid triggers a mandatory license suspension through the Texas Department of Public Safety. The length depends on the driver’s history:
- First offense: one-year suspension.
- Second or subsequent offense: 18-month suspension.
Suspensions are automatic once the court reports the conviction.7Texas Department of Public Safety. Driver License Enforcement Actions
Reinstatement requires a $100 fee and proof of financial responsibility through an SR-22 insurance certificate, which must stay on file for two years from the date of conviction.8Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) The SR-22 requires minimum liability coverage of $30,000 for injury or death of one person, $60,000 for injury or death of two or more people, and $25,000 for property damage.
The financial impact runs well past the filing fee. Insurers treat drivers who need an SR-22 as high-risk, and premiums commonly increase by 60% or more after a serious traffic conviction. Some drivers see rates double or triple depending on their overall record and the insurer.
Occupational License
A suspended driver may petition a court for an occupational license, which allows limited driving for work, school, medical appointments, and essential household needs. The petition must describe the specific hours and routes needed, explain the reason for the suspension, and include proof of financial responsibility along with a certified copy of the driver’s complete driving record.9State of Texas. Transportation Code Chapter 521 If granted, the order spells out exactly when and where the driver can operate a vehicle. Courts have broad discretion and may deny the petition for particularly serious offenses or repeat offenders.
Commercial Drivers and Professional Licenses
Commercial truck and bus drivers face consequences well beyond a standard suspension. Under federal regulations, leaving the scene of an accident is classified as a “major offense” for commercial driver’s license holders. The disqualification periods are:
- First offense: one-year disqualification from operating any commercial motor vehicle.
- First offense while hauling hazardous materials: three-year disqualification.
- Second offense: lifetime disqualification from operating any commercial motor vehicle.
A state may reinstate a lifetime-disqualified driver after 10 years if the driver completes a rehabilitation program, but a subsequent major offense makes the lifetime ban permanent.10eCFR. 49 CFR 383.51 – Disqualification of Drivers For a professional truck driver, even a first conviction effectively ends a career for at least a year.
Felony convictions also create problems for anyone holding a state professional license, including nurses, teachers, real estate agents, and attorneys. Texas licensing boards review criminal records and can suspend, revoke, or impose conditions on a license after a felony conviction. The specifics vary by profession and board, but a second-degree or third-degree felony conviction will typically trigger a formal disciplinary review. Attorneys convicted of a felony face automatic interim suspension in most jurisdictions.
What Triggers the Charge in the First Place
Knowing where the line falls matters, because the penalty tiers above only apply once a driver has failed to meet a legal duty. Under Transportation Code Section 550.021, a driver in a crash that results in or is reasonably likely to result in injury or death must immediately stop at the scene or as close to it as possible, determine whether anyone needs help, and remain until all legal duties are fulfilled.3State of Texas. Transportation Code Chapter 550 – Section 550.021 If anyone is hurt, the driver must provide reasonable assistance, which can mean calling 911, giving basic first aid, or arranging transportation to a hospital if treatment is clearly needed.
Section 550.023 also requires the driver to give their name, address, vehicle registration number, and auto insurance company to anyone injured or to the driver, occupant, or attendant of another vehicle involved, and to show a driver’s license on request.11State of Texas. Transportation Code Section 550.023 When a crash involves only an unattended vehicle or property, the driver must make a reasonable effort to find the owner and, failing that, leave a written notice with contact information in a conspicuous spot on the vehicle or property. Missing any of these duties opens the door to the charge level that matches what the crash caused.