Personal injury lawyer and auto accident lawyer for drivers and pedestrians hurt in a Houston hit-and-run accident. Free consultation. Law Office of Fernando J. Lopez, PC.
The other driver hit you and kept going. Now you have an injury and a wrecked car. You have no name and no plate and no insurance card to show for it.
Here is the short answer. A hit and run accident lawyer Houston residents can trust works two tracks at the same time. The first track is finding the driver who fled. The second is building a claim under your own uninsured motorist coverage in case that driver is never found. A Houston hit-and-run claim can still be paid when police never make an arrest.
Fernando J. Lopez is an accident attorney with 18 years in personal injury trial law. He leads the Law Office of Fernando J. Lopez, PC in Houston and The Lopez Law Group in Weslaco. Our Houston personal injury lawyer team is small on purpose. Call (956) 968-7800 and you speak with the law firm that will handle your file.
- Free consultation in English or Spanish
- You pay no attorney's fee and no case expenses unless we recover for you.
- Office at 2500 West Loop South near the Galleria
Looking for a hit and run lawyer near me? The hit and run lawyer Houston drivers reach at our West Loop office is the attorney who handles the case. Below you will find who pays after a hit and run in Texas and what the law says and what to do first.
A hit and run accident lawyer in Houston helps injured people recover money after a driver leaves the scene. In Texas the claim runs against the driver if police identify them. It runs against your own uninsured motorist coverage if they do not. Fernando J. Lopez of The Lopez Law Group represents hit-and-run victims across Texas. Texas gives you two years to file an injury lawsuit.
About Fernando J. Lopez, Houston Hit and Run Attorney
Fernando J. Lopez has spent his whole career representing injured Texans. He went to law school in this city and he is an attorney in Houston who knows these roads and these courts. Early on he handled criminal and family and business matters. He moved to injury cases after he saw how insurance companies treat people who are hurt. You work with a local attorney here and not a case manager. Clients tell us that is why they chose an experienced Houston personal injury lawyer over a billboard firm.
- 18 years practicing law in Texas. Licensed November 2, 2007.
- 2,500+ clients represented
- State Bar of Texas #24060186
- J.D. from Thurgood Marshall School of Law at Texas Southern University in Houston
- Bilingual in English and Spanish
- Experience in state and federal courts including jury trials
- Fernando J. Lopez is the attorney responsible for this page. Primary practice location: Weslaco, Texas.
Texas Hit and Run Law: What Counts and Who Pays
A hit-and-run accident is a crash where a driver leaves without stopping and without giving a name and insurance and without helping anyone who is hurt. Texas law requires all three. A driver who does not stop and stay at the scene of an accident commits a crime. That driver also owes for the harm caused.
The duty is written into Chapter 550 of the Texas Transportation Code. Any driver involved in an accident that causes injury or death must stop and return to the scene. The driver must give a name and address and insurance details. The driver must also give reasonable aid to the injured. That can mean calling an ambulance or taking the person to a hospital.
Is Hit and Run a Felony in Texas?
Yes when someone is hurt or killed. A hit and run that damages only a vehicle is a misdemeanor. The level depends on what the crash caused.
| What the crash caused | Offense level | Texas statute |
|---|---|---|
| Death | Second-degree felony | Tex. Transp. Code § 550.021 |
| Serious bodily injury | Third-degree felony | Tex. Transp. Code § 550.021 |
| Other injury | Prison up to five years or county jail up to one year. Fine up to $5,000. | Tex. Transp. Code § 550.021 |
| Vehicle damage of $200 or more | Class B misdemeanor | Tex. Transp. Code § 550.022 |
| Vehicle damage under $200 | Class C misdemeanor | Tex. Transp. Code § 550.022 |
The criminal case belongs to the State of Texas. The prosecutor brings it and the driver answers with a criminal defense attorney. Your civil injury claim is separate. A conviction helps prove fault but you do not need one to be paid.
Who Pays After a Hit-and-Run Case in Texas
| Situation | Coverage that answers first | Key point |
|---|---|---|
| Driver identified and insured | Liability policy of the driver | A normal claim against the at-fault driver plus proof of flight |
| Driver identified with no insurance | Your uninsured motorist coverage | Texas insurers must offer it unless you rejected it in writing. Tex. Ins. Code § 1952.101 |
| Driver never identified and the vehicles touched | Your uninsured motorist coverage | An unknown motorist counts as uninsured when there was actual physical contact. Tex. Ins. Code § 1952.104 |
| Driver never identified and no contact | Usually no uninsured motorist claim | The physical contact rule blocks it. PIP or health insurance may still pay |
| Any of the above | Personal Injury Protection | Pays medical bills and part of lost income no matter who was at fault. Tex. Ins. Code § 1952.152 |
| Pedestrian or cyclist with no auto policy | UM or PIP of a household member. Then Texas Crime Victims' Compensation | Tex. Code Crim. Proc. ch. 56B. Payer of last resort |
One thing surprises people. In a hit and run uninsured motorist claim Texas law puts your own insurer on the other side of the table. The company you pay every month now saves money if it can blame you or doubt your injuries.
Hit-and-Run Accident Causes and Cases We See in Houston
Drivers who leave the scene almost always have a reason. No license. No insurance. Alcohol. An open warrant. A company truck they were not supposed to be driving. Our post on driving without insurance in Texas explains why so many of them run. Among all accident causes these are the patterns we see most in Harris County.
- Rear-end and run on the freeway. You get struck in stop-and-go traffic and the other car takes the next exit before you can read the plate. A hit and run on I-45 Houston drivers describe to us almost always starts this way.
- Sideswipe on the Southwest Freeway. A lane change on US-59 near Hillcroft pushes you into the barrier. The other car never slows.
- Red-light crash on Westheimer. A driver runs the light at a major cross street and then leaves by car or on foot.
- Hit and run pedestrian Houston cases. A person crossing Bissonnet or Westheimer or a North Freeway frontage road at night is struck and left. Our Houston pedestrian accident attorney page covers those claims in depth.
- Cyclist struck in Midtown or the Heights. A driver clips a rider and keeps going.
- Parking lot hit and run. A parked car gets hit in a Galleria garage or a grocery lot with a passenger inside.
- Drunk driver who flees. Bar-close crashes on Washington Avenue where the driver runs to avoid a DWI. Many drunk driving accidents end this way.
- Work vehicle that leaves. A delivery van or an unmarked work truck on Beltway 8. The employer may be liable once the motor vehicle is identified.
- Fatal hit and run. Family members may bring a wrongful death claim. Our Houston wrongful death lawyer page explains who can file.
This type of accident follows the same fault rules as any Houston car accident. Someone still has to prove what the other driver did wrong. Our Houston car accident lawyer page covers that proof. If you were driving for work when it happened we handle the claim against the driver who hit you. That is a third-party claim and it is separate from any workers' compensation claim.
What To Do After a Hit and Run in Texas
What you do in the first hours shapes the whole accident claim. Attorney Fernando J. Lopez explains the steps he gives every client who calls from the roadside.
- Stay where you are and move to a safe spot. Do not chase the other driver. A second crash or a confrontation hurts you and it hurts the claim.
- Call 911 and ask for police and medical help. Texas law requires an immediate report when a crash causes injury or death. On a Houston freeway the officer may be from HPD or the Harris County Sheriff or Texas DPS.
- Write down everything about the vehicle while it is fresh. Plate or partial plate. Make and model and color. Damage and direction of travel. What the driver looked like.
- Photograph your car and any paint transfer. Get the debris and skid marks and the road. Take pictures of your injuries too.
- Ask witnesses for names and phone numbers. Ask nearby businesses and homes to save their camera footage. Many systems record over old video fast.
- See a doctor the same day if you can. Tell the doctor it was a crash. Records made early tie the injury to the collision.
- Get the police report number before the officer leaves the scene of the accident. In Houston the HPD Hit and Run Unit handles the follow-up. You can order the crash report from TxDOT. En español: cómo obtener un reporte policial.
- Notify your own insurer that a hit and run happened. Give basic facts only. Decline a recorded statement until you have spoken with a lawyer.
- Call a hit and run accident attorney before you sign a release or accept an offer from the insurance adjuster.
Our post on what to do after a car accident in Texas has more detail on dealing with the scene.
Hit-and-Run Accident Data: Houston, Texas and U.S.
The numbers show who gets hurt worst. According to NHTSA in 2023 about one in four pedestrians killed in U.S. traffic crashes was struck by a driver who fled. Most of those deaths happened in the dark. That matches what Houston police report after fatal hit-and-run crashes on roads like Westheimer and the North Freeway.
| Statistic | Year | Source | Relevance |
|---|---|---|---|
| 24 percent of pedestrians killed in U.S. traffic crashes were struck by a hit-and-run driver | 2023 | NHTSA | People on foot carry the worst of these crashes |
| 7,314 pedestrians killed in U.S. traffic crashes | 2023 | NHTSA | The scale behind the one in four figure |
| 77 percent of U.S. pedestrian deaths happened in the dark | 2023 | NHTSA | Night crashes leave fewer witnesses |
| Harris County had 115,173 reportable crashes and 579 people killed | 2024 | TxDOT Texas Motor Vehicle Traffic Crash Facts | Houston area crash volume |
| Texas had 4,150 traffic deaths | 2024 | TxDOT Texas Motor Vehicle Traffic Crash Facts | Statewide context |
Unknown drivers and night crashes are the reason early video requests matter. A camera that saw the car on Monday may have recorded over it by the weekend.
Compensation in a Hit and Run Car Accident Claim
Texas law sorts your losses into three groups. The severity of the injury drives most of it. Severe injuries like traumatic brain injuries and spinal damage and broken bones carry long treatment and long time away from work.
| Type | Description | Examples |
|---|---|---|
| Economic | Losses with a receipt | ER and hospital bills. Surgery and therapy. Future medical care. Lost wages and lost earning capacity. Vehicle repair or total loss |
| Non-economic | Losses without a receipt | Physical pain. Mental anguish. Physical impairment. Disfigurement |
| Exemplary | Punishment for fraud or malice or gross negligence proven by clear and convincing evidence | A driver who was drunk when the crash happened. Capped under Chapter 41 of the Texas Civil Practice and Remedies Code |
In a hit and run car accident claim against your own policy the coverage limit caps what your insurer pays. PIP is separate coverage. Your recovery also drops by any share of fault placed on you. One more point that other websites get wrong. Leaving the scene does not by itself create exemplary damages. They may apply when the conduct that caused the crash qualifies. Our page on drunk driving accidents in Texas explains how that works. If you were injured in a car accident you could be entitled to all three types or only the first two. Every case is different. Past results do not guarantee future outcomes.
Texas Law on a Hit and Run Insurance Claim and Lawsuit
A hit and run insurance claim Texas drivers file sits on top of several statutes. These are the ones that decide most injury cases.
- Duty to stop and give information and render aid. Texas Transportation Code Chapter 550 covers crashes with injury or death and crashes with vehicle damage. It also covers hitting an unattended vehicle or a fixture.
- Statute of limitations. You have two years from the date of the injury to sue the driver. Texas Civil Practice and Remedies Code § 16.003. A wrongful death claim runs two years from the death.
- Claim against your own insurer. An uninsured motorist claim is a contract claim. It has its own deadline and your policy has its own notice terms. Do not assume the two-year rule is the only clock.
- Modified comparative fault (51 percent bar). Your award is reduced by your percentage of fault. If you are more than 50 percent at fault you recover nothing. Chapter 33 of the Texas Civil Practice and Remedies Code. Insurers raise this against pedestrians who crossed outside a crosswalk and against drivers who changed lanes.
- Uninsured motorist and PIP coverage. Texas Insurance Code Chapter 1952. Both come with a Texas auto policy unless you rejected them in writing.
- Exemplary damages. Chapter 41 of the Texas Civil Practice and Remedies Code sets the proof required and the cap.
- Crime victims. The Texas Crime Victims' Compensation Program is run by the Attorney General. It can help victims of a driver who failed to stop and render aid. It pays only after other sources and it has its own filing deadline.
Hit and Run With No Police Report in Texas
A claim is still possible but it is harder. Uninsured motorist policies require you to tell police promptly about a hit and run. Your insurer will use a missing report to deny or delay. If you have not reported yet then report now. Late is better than never. Medical records and photos and witness statements and repair estimates help fill the gap. A hit and run with no police report Texas insurers see is a file they expect to close cheap. Evidence changes that.
Mistakes That Hurt a Hit-and-Run Case
- Chasing the driver. You risk a second crash and you hand the insurer a fault argument against you.
- Not calling police. Your carrier treats the missing report as a reason to deny.
- Waiting to see a doctor. The adjuster says the injury came from somewhere else.
- Assuming no driver means no claim. Uninsured motorist and PIP coverage exist for this exact situation.
- Giving your own insurer a recorded statement. In this kind of claim they are the other side. A defense attorney may read that transcript later.
- Losing the proof of contact. Repairing the car before anyone photographs the paint transfer can sink a hit-and-run case.
- Not asking for video early. Cameras record over themselves.
- Signing a release on the first offer. It ends the claim before you know the full cost of a serious injury.
Tips From a Hit and Run Accident Attorney in Houston
These are notes from a hit and run accident attorney Houston clients work with directly. As a run accident attorney in Houston for many years Mr. Lopez gives the same advice every time.
- We recommend saying the plate out loud into a voice memo on your phone. You will forget it within minutes.
- In our experience the best video comes from the business across the street and not the one where the crash happened.
- We recommend pulling your declarations page before you call your insurer. Know your uninsured motorist and PIP limits first.
- In our experience your own insurer will argue that contact never happened. Photos of paint transfer answer that.
- We recommend giving every doctor the same plain account of the crash.
- If you were on foot we recommend checking every auto policy in your household. Coverage on a relative's policy may apply to you.
Why Choose Our Personal Injury Lawyer for Your Houston Hit-and-Run Accident
When you hire a personal injury lawyer after a Houston hit and run accident you are choosing who will argue with your own insurance company for you. The right lawyer reads the policy before the adjuster calls. Mr. Lopez is a personal injury attorney who has handled every kind of vehicle accident on Texas roads. Like many personal injury firms we offer a free consultation. Unlike many you will sit down with the attorney and not an intake clerk. That is what legal representation means at a firm this size.
- Bilingual in English and Spanish with no interpreter between you and your lawyer
- Free consultation
- You pay no attorney's fee and no case expenses unless we recover for you.
- 18 years of Texas injury practice
- 2,500+ clients represented
- Offices in Houston at 2500 West Loop South and in Weslaco
Benefits of Hiring a Hit and Run Accident Lawyer in Houston
Here is what an auto accident lawyer adds when the other driver is gone. A hit and run accident attorney will help you with each row below. The goal is to help you get the compensation Texas law allows for what you lost.
| Benefit | What It Means for You | Example |
|---|---|---|
| Two tracks from day one | The driver search and the insurance claim are built together | Notice sent to your carrier while police still investigate |
| Video preserved | Footage is requested before it is recorded over | A letter to a gas station on Westheimer |
| Every policy checked | Uninsured motorist and PIP and household policies are reviewed | A pedestrian covered under a parent's policy |
| Contact proven | The physical contact rule is met with evidence | Paint transfer photos and a body shop report |
| Your insurer handled | No recorded statement traps | Adjuster calls go to us |
| Deadlines met | The two-year clock and policy notice terms are tracked | Suit filed against a driver identified late |
| Spanish-language representation | A full explanation in your language | A consultation held fully in Spanish |
Case Results
| Case Type | Outcome |
|---|---|
| Wrongful death | $5.5M |
| 18-wheeler accident | $1.8M |
| Slip and fall | $1.0M |
| Catastrophic injury | $900K |
| Commercial auto | $750K |
Where We Represent Hit-and-Run Accident Victims
From our Houston office we represent injury victims hurt in hit-and-run crashes across Houston TX. Our Weslaco office serves the Rio Grande Valley. If you were involved in an accident in any of these communities we can meet in person or by phone or by video.
- McAllen
- Weslaco
- Edinburg
- Harlingen
- Brownsville
- Mission
- Pharr
- Alamo
- Donna
- Elsa
- Edcouch
- Mercedes
- Raymondville
- San Benito
- La Feria
How Our Houston Hit and Run Accident Lawyer Handles Your Accident Case
Every accident case here moves through the same six steps. A good lawyer helps most in the first two.
- Free consultation. We listen. We read your policy declarations page for uninsured motorist and PIP coverage. We check your deadlines. A lawyer can evaluate your case in one conversation and tell you where the money can come from.
- Investigation. We collect the police report and 911 audio. We call witnesses and request video. We document vehicle damage and paint transfer.
- Demand letter. It goes to the insurer of the at-fault driver if police identify one. If not it goes to your own carrier with medical records and proof of contact.
- Negotiation. We answer low offers and blame-shifting with evidence.
- Litigation if needed. We file suit in Harris County or the proper Texas court against the driver or the insurance company.
- Recovery. We resolve liens and medical balances and we explain your net recovery in writing.
You talk with Mr. Lopez directly in English or Spanish. It is the same proof a car accident lawyer builds in any crash with one extra job. We have to show who hit you or show that contact happened.
How To Find a Hit and Run Driver
People ask us how to find hit and run driver leads when all they saw was a color and a taillight. Police lead the criminal search. They run partial plates and pull traffic camera footage. Your lawyer can help on the civil side. We send preservation letters to businesses with cameras. We look for doorbell video and dashcam footage from any other driver on the road. Debris matters too. A broken mirror or a piece of trim carries part numbers that point to a make and model. Body shops and Crime Stoppers tips fill in the rest. Hit-and-run cases often break open weeks later from one of these leads. No one can promise the driver will be found. That is why we build the insurance claim at the same time.
Want us to read your policy and evaluate your case? Call (956) 968-7800. The consultation is free.
Houston Hit and Run Accident Lawyer FAQs
What does a hit and run accident lawyer do?
A hit and run accident lawyer works with police leads to identify the driver and preserves video before it is lost. The lawyer builds the claim against your own uninsured motorist coverage and documents your injuries. The lawyer also deals with the insurance companies and files suit if a fair settlement does not come.
Most people hire a lawyer because they do not want to argue with their own insurer while they are still in treatment.
Is hit and run a felony in Texas?
Yes when a person is injured or killed. Under Texas Transportation Code § 550.021 a crash that causes death is a second-degree felony and one that causes serious bodily injury is a third-degree felony. A hit and run that damages only a vehicle is a misdemeanor under § 550.022.
The criminal charge is separate from your injury claim. You can be paid whether or not the driver is convicted.
Who pays my medical bills if the driver is never found?
Your own auto policy usually pays first. Uninsured motorist coverage treats the unknown driver as uninsured when the vehicles made physical contact. Personal Injury Protection pays medical bills no matter who was at fault. Health insurance can cover the rest. The Texas Crime Victims' Compensation Program is a last resort.
Check your declarations page to see which of these coverages you carry.
How does a hit and run uninsured motorist claim work in Texas?
You file the claim against your own policy. You must show that the unknown motorist was at fault and that contact happened and what your damages are. Your insurer can dispute all three. If it refuses to pay a fair amount you can sue your own carrier under the policy.
Your insurer has the same rights the fleeing driver would have had. It can argue you share the fault.
What if a car ran me off the road but never touched me?
That is the hardest version of this claim. Texas Insurance Code § 1952.104 requires actual physical contact between the unknown vehicle and you or your property for an uninsured motorist claim. With no contact that coverage usually does not apply. PIP and health insurance may still pay your medical bills.
Have a lawyer read the policy before you give up. Witnesses and video sometimes show contact you did not notice.
Can I file a claim after a hit and run with no police report in Texas?
Yes you can but the claim is harder to win. Most uninsured motorist policies require prompt notice to police after a hit and run. An insurer will point to the missing report as a reason to deny. Report the crash now even if days have passed. Then gather records and photos and witness names.
A late report is still a report. It gives the adjuster one less excuse.
How do police find a hit and run driver?
Police start with whatever the scene gives them. A partial plate. Traffic camera and business video. Debris with part numbers that identify the make and model. Witness statements and 911 caller records. Tips to Crime Stoppers and reports from body shops also lead to arrests in Houston.
Nobody can promise an arrest. Your civil claim does not have to wait for one.
What should I do after a hit and run in Texas?
Stay at the scene and move to safety. Call 911 and ask for police and medical help. Record the plate and vehicle details right away. Take photos and get witness contact information. See a doctor the same day. Notify your insurer with basic facts and speak with a lawyer before any recorded statement.
Do not chase the other car. It is dangerous and it can be used against you.
I was a pedestrian hit by a driver who fled in Houston. What are my options?
You have more options than most people think. If police find the driver you claim against that liability policy. If not you may be covered by your own auto policy or one held by a relative you live with. PIP may also apply. Crime Victims' Compensation can help when no insurance exists.
Pedestrian accident attorneys see this often in Houston. People on foot rarely know a household auto policy can follow them.
How long do I have to file a hit and run claim in Texas?
You have two years from the date of the injury to file a lawsuit against the driver under Texas Civil Practice and Remedies Code § 16.003. A claim against your own insurer follows contract rules and your policy sets its own notice requirements. Those are different clocks and you should have both checked early.
The two-year statute of limitations applies even if the driver is identified late.
Can I still recover if I was partly at fault?
Yes if your share of fault is 50 percent or less. Texas follows modified comparative fault with a 51 percent bar. A jury assigns each side a percentage and your award is reduced by yours. If you are found more than 50 percent responsible you recover nothing.
Insurers use this rule in every automobile accident claim. Expect it when you were on foot or changing lanes.
How much does a hit and run lawyer cost?
Personal injury cases in Texas are handled on a contingency fee. The attorney's fee is a share of the recovery, agreed in writing before the case begins. You pay no attorney's fee and no case expenses unless we recover for you. The exact percentage is stated in the written agreement you sign.
The first consultation is free. We will tell you plainly whether we can take your case.
Should I talk to my own insurance company after a hit and run?
You should report the crash to your insurer promptly because your policy requires notice. Keep it to basic facts. The date and place and that the other driver fled. Do not give a recorded statement or sign medical releases until a lawyer has reviewed your policy and your injuries.
In an uninsured motorist claim your insurer pays less when it can blame you. Treat the call that way.
How do I choose a Houston hit and run attorney?
Look for a lawyer who handles personal injury cases every day and who will read your policy at the first meeting. Ask who will work on your file. You can check a Texas lawyer on the State Bar of Texas website. It shows the license date and certification from the Texas Board of Legal Specialization.
Ask the hard questions in the consultation. A good tx auto accident lawyer will answer them without a sales pitch.
Do you have a Spanish-speaking hit and run attorney in Houston?
Yes. Fernando J. Lopez speaks Spanish and handles consultations himself in either language. Your family can ask questions directly with no interpreter in between. Every document can be explained in Spanish before you sign it. The fee agreement and the settlement papers are included.
Para información en español visite nuestra página de abogado de accidentes de auto en Houston.
Talk to a Hit and Run Accident Lawyer in Houston Today
The driver left. Your claim did not. What disappears fast is the proof. Video gets recorded over and paint transfer gets repaired and witnesses forget. If you or someone you love was injured in the accident the best time to protect the claim is now.
A hit and run accident lawyer Houston families can sit down with will read your policy and tell you where the money can come from. You deserve a straight answer about your options. We cannot promise a result. We can promise to work for the compensation you deserve under Texas law and to tell you the truth along the way. If you want a run accident lawyer in Houston who answers his own clients then speak with a local attorney today. A car accident attorney here can also help if your crash was not a hit and run. Contact a Houston hit and run lawyer today.
Call (956) 968-7800 for a free consultation. Hablamos español.
Law Office of Fernando J. Lopez, PC 2500 West Loop South, Suite 500, Houston, TX 77027 Monday to Friday 8:30 AM to 5:30 PM. Closed weekends.
Fernando J. Lopez is the attorney responsible for this page. Primary practice location: Weslaco, Texas. This page offers general information and is not legal advice. Reading it does not create an attorney-client relationship.
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The Lopez Law Group, PLLC — 2611 N Texas Blvd #1, Weslaco, TX 78599 · (956) 968-7800 · Serving McAllen, Weslaco, Brownsville, Edinburg and the Rio Grande Valley. Hablamos español.
