Being struck by a driver who flees the scene leaves you with injuries, vehicle damage, and no immediate answers. If you have just experienced an Austin hit and run, this guide walks you through exactly what to do next and how to pursue fair compensation, even if the at-fault driver is never identified.
Immediate Steps After an Austin Hit and Run
This section gives you quick, practical steps to take right now if you have been hurt in an Austin hit and run.
What counts as a hit and run under Texas law:
- A driver involved in a crash leaves without stopping, exchanging contact or insurance information, or rendering aid
- Common Austin scenarios include rear-end collisions on I-35 and MoPac, sideswipes on Lamar Boulevard, and pedestrian impacts near downtown intersections like 6th Street
Your immediate action checklist:
- Move to safety if you are able; get off the roadway and away from traffic
- Call 911 immediately to request EMS and the Austin Police Department (APD)
- Do not chase the fleeing driver under any circumstances
Capture details about the fleeing vehicle:
- Color, make, model, and any partial license plate numbers
- Direction of travel and exact time of the incident
- Nearby landmarks (The Domain, South Congress, specific intersection)
Secure witness information:
- Get names and phone numbers from anyone who saw the collision
- Ask if they have dashcam footage or cell-phone video
Document the crash scene:
- Take photos and videos of your vehicle, visible injuries, street signs, and any traffic cameras
- Note nearby businesses with surveillance (gas stations, convenience stores)
Seek medical care immediately:
- Even if injuries seem minor, visit Dell Seton Medical Center, St. David’s, or another Austin facility. Keep all medical records and receipts.
Contact an Austin hit and run accident lawyer the same day, before providing detailed statements to any insurance adjusters.
The Pabst Law Firm handles hit and run cases throughout Austin and Central Texas. Call (512) 642-2676 for a free consultation.
Understanding Hit and Run Accidents in Austin, Texas
Under Texas Transportation Code sections 550.021 through 550.023, a hit and run occurs when a driver involved in a crash fails to stop, exchange information, or provide reasonable aid.
Common Austin hit and run scenarios include:
- Rear-end crashes on congested freeways like I-35, MoPac, and US-183
- Sideswipe incidents on State Highway 71
- Nighttime collisions in the 6th Street entertainment district
- Pedestrian and cyclist strikes near the University of Texas campus
Legal duties of drivers in Texas:
Every driver must stop immediately after a collision, remain at the scene, provide their name, address, and insurance information, and render reasonable aid such as calling for medical help.
Types of hit and run cases:
- Property-damage-only incidents (collisions with parked cars at apartment complexes or shopping centers)
- Injury crashes involving minor or serious bodily injury
- Fatal hit and runs triggering felony investigations
Drivers typically flee due to intoxication, lack of insurance, suspended licenses, or outstanding warrants. APD investigators use traffic cameras, license plate readers, and public tips through programs like Crime Stoppers to track hit and run cases.
Texas Hit and Run Laws and Potential Criminal Penalties
Leaving the crash scene is a separate crime from causing the collision itself under Texas law.
Key statutes:
- Texas Transportation Code 550.021: Duty to stop and remain at crashes involving death or personal injury
- 550.022: Duty after accidents involving property damage only
- 550.023: Required information exchange and aid
Penalty ranges:
- Fatal hit and run: Second-degree felony, 2 to 20 years in prison, fines up to $10,000
- Serious bodily injury: Third-degree felony, 2 to 10 years in prison
- Minor injury: Class A/B misdemeanor, up to 1 year in county jail
- Property damage only: Class C misdemeanor, fines up to $500, license suspension
Criminal prosecution through the Travis County District Attorney is separate from civil personal injury claims. Even if the driver goes to jail, that does not pay your medical bills or lost wages. A personal injury lawsuit handles compensation.
How You Can Recover Compensation After an Austin Hit and Run
You can pursue recovery even when the hit and run driver is never identified. The key is knowing where to look.
Primary avenues for financial recovery:
- Claims against the at-fault driver’s liability coverage if APD locates them
- First-party claims under your own insurance (explained in detail below)
- Third-party liability against employers of commercial drivers or bars under dram shop laws in drunk-driving cases
Damages you may claim:
- Emergency care and hospitalization at Austin facilities
- Follow-up surgeries, rehabilitation, and therapy
- Lost wages and future earning capacity
- Pain and suffering, emotional distress, and PTSD
- Property damage, rental car costs, and loss of vehicle use
- Wrongful death damages for families (funeral costs, loss of support, loss of companionship)
Evidence shapes your claim value. Police reports (CR-3), witness statements, bodycam footage, and surveillance video all matter. Report promptly to APD and your own insurance company to preserve notice requirements and protect your right to recover.
Insurance Coverage That Applies After a Hit and Run
In many Austin hit and run cases, your own insurance policy becomes the primary source of recovery. Here is a straightforward breakdown of the coverages that matter most.
Uninsured/Underinsured Motorist Coverage (UM/UIM):
This is often your most important coverage after a hit and run. Texas insurers must offer UM/UIM by default, and you can only reject it in writing. UM typically covers hit and run crashes where the driver cannot be identified. It pays for medical bills, ongoing treatment, lost income, pain and suffering, and property damage (if UMPD is elected). Policy limits vary; common examples are $30,000/$60,000 or $100,000/$300,000.
Personal Injury Protection (PIP) and MedPay:
PIP is optional but commonly offered in Texas. It covers 80% of medical expenses and lost wages regardless of fault. MedPay covers medical expenses only, typically up to $5,000. Neither requires you to prove who caused the crash, making them especially useful in hit and run situations.
Collision Coverage:
Your collision coverage can pay to repair or replace your vehicle even when the driver flees, subject to your deductible.
Insurance company tactics to watch for:
- Disputing that a “hit and run” actually occurred
- Quick lowball settlement offers for moderate injuries
- Requests for recorded statements used against your claim
- Delays through independent medical exams
An attorney should review your policy declarations, exclusions, and deadlines before you accept any offer. UM notice requirements under your policy may be much shorter than the two-year statute of limitations, often just 30 to 90 days.
How an Austin Hit and Run Accident Lawyer Can Help You
Early involvement from an attorney, ideally within days of the crash, can significantly change your outcome.
Investigation support:
- Coordinating with APD and DPS to track leads via license plate readers
- Obtaining crash reports, 911 audio, and traffic camera footage from Austin intersections
- Locating witnesses quickly before memories fade
Insurance claim management:
- Handling all communications with your insurer and adverse carriers
- Preparing demand packages with medical records, wage documentation, and liability analysis
- Fighting denials, lowball offers, and unfair delays
Legal strategy:
- Evaluating whether to file suit in Travis County courts
- Preparing cases for trial to maximize settlement leverage
- Working with accident reconstruction professionals on complex cases
Example scenario:
Consider a late-night crash on South Lamar where an intoxicated hit and run driver flees. An attorney could obtain surveillance footage from nearby businesses, coordinate with APD’s license plate reader data, file UM claims against your policy, and potentially pursue dram shop liability against the bar that over-served the driver.
Your attorney tracks critical deadlines including Texas’s two-year statute of limitations for most injury claims and shorter windows for government-related claims.
(512) 641-2676