Failure to Stop and Render Aid (Hit and Run) in Texas | Houston Attorney

Failure to stop and render aid (FSRA) — hit and run — is a felony in Texas when the accident involves injury or death. Leaving the scene of an injury accident without stopping, exchanging information, and rendering reasonable aid can carry up to a second-degree felony when someone dies. But these cases hinge on knowledge — whether you knew an accident or an injury occurred — and on identity, both of which are frequently in genuine dispute.

If you or a loved one is facing an FSRA charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors and members of the Vehicular Crimes Team — can help.

What the Law Covers

Under Texas Transportation Code § 550.021, a driver involved in an accident resulting in injury or death must stop, remain at the scene, provide identifying and insurance information, and render reasonable aid. Failing to do so is a criminal offense. A separate provision, § 550.022, addresses accidents involving only vehicle damage. The State must prove you were the driver and that you knew, or reasonably should have known, an accident involving a person occurred.

Penalty Range

Accident result	Offense Level	Punishment
Death	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Serious bodily injury	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
Other injury	Felony (up to 5 years)	Up to 5 years prison (or up to 1 year jail); up to $5,000 fine
Vehicle damage only (§ 550.022)	Misdemeanor	Depends on damage amount

How These Cases Are Defended

Lack of knowledge. FSRA requires that you knew or should have known an accident — and an injury — occurred. Low-impact, nighttime, or weather-obscured incidents frequently support this defense.
Identity. Police often identify a vehicle but not the driver; the State must prove you were driving.
The duties were met. Where you stopped, provided information, or did what the situation reasonably allowed, the statutory elements may not be satisfied.
Causation and the underlying accident. We examine whether an accident of the alleged severity actually occurred and whether the injuries are attributable to it.
Reductions and non-conviction outcomes. Where the proof is weak, we pursue reductions and resolutions that avoid a felony record.

Collateral Consequences

An FSRA conviction can carry prison time, a felony record, driver's-license consequences, sharply higher insurance costs, and — because it is often paired with a fatality or serious injury — significant civil exposure. Given how central knowledge and identity are, an experienced defense can make a decisive difference.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors with vehicular-crimes training in crash investigation and reconstruction. If you or a loved one is facing a failure to stop and render aid charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is failure to stop and render aid in Texas?

Failure to stop and render aid (FSRA), commonly called hit and run, is the crime of leaving the scene of an accident involving injury or death without stopping, providing your information, and rendering reasonable aid. It is governed by Texas Transportation Code § 550.021. A separate statute, § 550.022, covers accidents involving only property damage.

Is failure to stop and render aid a felony?

When the accident involves injury or death, yes. Under § 550.021, failure to stop and render aid where the accident results in death is punishable as a second-degree felony; where it results in serious bodily injury, it is a third-degree felony; and where it results in other injury, it is punishable by up to five years in prison. Property-damage-only cases are typically misdemeanors.

What if I didn't know I hit someone or something?

Knowledge is essential. FSRA requires that you knew or reasonably should have known an accident occurred and that a person was involved. Genuinely not realizing a collision happened — or not realizing anyone was injured — is a defense, and it is a common and legitimate one in low-impact or nighttime incidents.

What am I required to do after an accident in Texas?

You must stop at (or return to) the scene, remain there, give your name, address, vehicle registration, and insurance information, and render reasonable assistance to anyone injured — including arranging medical help if it is apparent one is needed. Failing to do any of these after an injury accident can support an FSRA charge.

How is a hit and run case defended?

We challenge whether you knew an accident or injury occurred, whether you were actually the driver (identity is often disputed when a vehicle is identified but the driver is not), whether the statutory duties were in fact unmet, and the reliability of the investigation. We also pursue reductions and, where appropriate, resolutions that avoid a felony conviction.