Fleeing an accident turns something that was not an offense into one, and into a felony if the injury is serious. It also invites the officer to assume why you left.
People flee an accident scene out of fear, which is understandable and is also the worst available option. It turns a non-offense into an offense, and if the injury involved is serious enough to count as serious bodily injury or death, it becomes a felony.
These situations often arise because the person has an outstanding warrant or had been drinking, which is usually exactly what the responding officer will suspect once they learn someone left the scene. Barrera Defense examines what the state can prove about knowledge of the collision, the injuries involved, and identity.
Citation: Texas Transportation Code §550.021 (duty to stop) and §550.023 (duty to give information and render aid)
Degree and classification
Statutory language: An operator involved in a collision must immediately stop at or near the scene, determine if anyone requires aid, and comply with §550.023 by giving name, address, registration, and insurance information, and rendering reasonable assistance.
Past results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.