Failing to Report a Car Accident in Texas Can Have Legal Consequences. Understanding what happens if you don’t report a car accident in Texas is crucial for all drivers.
In Texas, the law requires that certain car accidents be reported to law enforcement. If you fail to report an accident when the law requires it, you may face criminal charges, civil liability, and difficulties with your insurance claim. Under Texas Transportation Code §550.026, you must report a collision if it results in injury, death, or apparent property damage of $1,000 or more. Failure to comply is a Class C misdemeanor, and more severe penalties could apply if the accident involved injuries or fatalities.
When You Must Report a Car Accident in Texas
You are legally required to report a crash in Texas under the following conditions:
- Anyone injured or killed in the accident
- There is damage to any vehicle or property exceeding $1,000
- A vehicle cannot be safely driven away from the scene
- The accident involves a commercial vehicle, a pedestrian, or a bicyclist
Reporting must be made to local law enforcement.
Criminal Penalties for Failing to Stop and Render Aid
Under Texas Transportation Code Section 550.023, leaving the scene or failing to report a qualifying accident can result in harsh criminal charges:
- Hit and Run with Property Damage: Class C or Class B misdemeanor, depending on damage value
- Hit and Run Involving Injury: State jail felony
- Hit and Run Involving Death: Third-degree or second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000
These criminal penalties are separate from any civil liability and insurance issues that may also arise.
Insurance Consequences for Not Reporting an Accident
If you fail to report a car accident, your insurance company may dispute your claim. Most auto insurance policies require prompt notification of any accident involving damage or injury. Even if the other party was at fault, you may hamper your right to compensation for medical bills, vehicle repairs, or lost wages.
Texas Law Requires Drivers to Exchange Information
Even if you do not have to report the accident to the police, you are still required to:
- Stop immediately at the scene
- Provide your name, address, driver’s license, and insurance information to the other party.
- Render reasonable assistance to anyone injured.
Failing to exchange this information is a separate violation of Texas law and can also lead to criminal penalties.
Civil Liability and Comparative Fault
Texas follows a modified comparative fault rule; a court can assign you a percentage of fault. If you are found to be more than 50% at fault, you cannot recover damages. Even if you are less than 50% at fault, your compensation will be reduced proportionally.
When to File a Crash Report with TxDOT
In Texas, if police do not investigate the accident and the crash meets certain thresholds, you can file a crash report with the Texas Department of Transportation (Form CR-2). Although this is no longer mandatory since 2017, documenting the accident is still highly recommended to help protect yourself legally and financially.
Why Prompt Reporting Protects You
Reporting an accident protects your legal rights, helps ensure accurate documentation, and creates an official record. Parts of police reports can be used as evidence in insurance claims and lawsuits. Waiting to report or failing to report altogether can lead to disputes about fault and delays in compensation.
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Steps to Take Immediately After a Crash in Texas
- Stop your vehicle and check for injuries
- Call 911 and report the accident if required by law
- Exchange information with the other driver
- Take photographs of vehicle damage, the accident scene, and injuries
- Seek medical attention when needed
- Notify your insurance company
- Consult with a personal injury attorney if you were hurt.
Statute of Limitations on Car Accident Claims in Texas
Texas law limits the time you must file a lawsuit after a car accident. You generally have two years from the date of the accident to file a personal injury lawsuit.
Contact Baumgartner Law Firm for a Free Consultation on an Auto Accident Injury
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
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Related Resources:
Understanding Hit and Run Accidents in Texas
Houston Hit and Run Accident Attorney
Can I Sue for Hit and Run in Texas?
How to file a car accident claim without a Houston crash report
