Hit-and-RunUpdated March 2026

Injured in a Hit-and-Run in Houston?

The driver who hit you took off. That doesn't mean you're out of options. Houston recorded over 26,800 hit-and-run cases in 2023 alone — roughly 74 per day — making it one of the worst hit-and-run cities in the country. Here's how to protect yourself, what Texas law says, and how to get compensated even when the other driver disappears.

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Key Takeaways

  • Stay at the scene and call 911 immediately — do not chase the fleeing driver, and give the dispatcher every detail about the vehicle including make, model, color, and any partial plate number.
  • Texas's 2-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) may be tolled until the hit-and-run driver is identified, since the cause of action doesn't fully accrue until you know who to sue — but don't rely on tolling without consulting an attorney.
  • Under Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001), the driver's decision to flee strongly undermines any argument that you were primarily at fault for the crash.
  • Houston Police Department data shows over 26,800 hit-and-run cases in 2023 with 51 fatalities — yet only 4.3% were assigned to an investigator and just 1.2% were cleared, meaning the vast majority of hit-and-run drivers are never caught.
  • If you carry uninsured motorist (UM) coverage, it's your primary path to compensation when the driver is never found — Texas does not require UM coverage, so check your policy now.
  • Leaving the scene of an accident involving injury or death is a felony in Texas (Tex. Transp. Code § 550.021) — if the driver who hit you is identified, they face 2 to 20 years in prison in addition to civil liability for your injuries.
1

Stay at the Scene and Call 911

Do not chase the other driver. The impulse is understandable, but pursuing a fleeing vehicle puts you and everyone else on the road at risk. Stay where you are, check yourself for injuries, and call 911 immediately.

Tell the dispatcher it was a hit-and-run. Give them everything you can about the other vehicle — make, model, color, partial plate number, direction they fled, any damage you noticed. Even a partial plate or a general vehicle description can be enough for police to find the driver. Houston has deployed over 318 automated license plate reader (ALPR) cameras from Flock Safety across the city, and these cameras photograph every passing vehicle — a partial plate or vehicle description combined with ALPR data has helped solve hit-and-run cases.

If you're able, flag down witnesses before they leave. Other drivers, pedestrians, people at nearby businesses — anyone who saw the vehicle or the crash. Their descriptions and any dashcam footage can be the difference between finding the driver and never identifying them.

2

Get Medical Attention — Don't Wait

Even if your injuries seem minor, get checked out at an emergency room or urgent care the same day. Adrenaline and shock mask pain. Soft tissue injuries, concussions, and internal bleeding don't always show symptoms right away.

Houston is home to the Texas Medical Center, the largest medical complex in the world. Memorial Hermann-Texas Medical Center operates the Red Duke Trauma Institute, a Level I trauma center. Ben Taub Hospital (Harris Health System) is also a Level I trauma center. For children, Texas Children's Hospital is the largest pediatric hospital in the country.

Medical documentation matters for two reasons. First, it links your injuries to the crash — without that documented connection, any insurance claim gets harder. Second, if the driver is found later, your medical records become the foundation of your claim against them. If they're never found, you'll need those records to file a claim under your own uninsured motorist coverage.

3

File a Police Report and Push for Investigation

If police responded to the scene, they'll generate a crash report. If they didn't — which is common in Houston, where only 4.3% of the 26,800+ hit-and-run cases in 2023 were even assigned to an investigator — you must file a report yourself. Call HPD's non-emergency line at 713-884-3131 or visit the nearest HPD district station. Note: HPD's online report system cannot be used for crash reports — these must be filed by phone or in person.

Texas law (Tex. Transp. Code § 550.062) requires drivers to file a crash report with TxDOT within 10 days if the crash caused injury, death, or property damage of $1,000 or more and was not investigated by a law enforcement officer.

The police report is your single most important document. It creates an official record that a hit-and-run occurred, captures the evidence collected at the scene, and triggers an investigation. Give the police everything you have: your description of the other vehicle, witness contact info, the time and location of the crash, and any photos or video.

Ask whether there are traffic cameras, red-light cameras, or business security cameras near the crash location. Houston has been expanding its camera and ALPR infrastructure, and footage from nearby intersections, gas stations, and commercial buildings has helped identify hit-and-run drivers. The police may not check every camera without being prompted — ask specifically.

4

Document Everything You Can Remember

Write down every detail you recall about the other vehicle and the crash while it's still fresh. Color, size, body style, any distinguishing features — bumper stickers, damage, loud exhaust, tinted windows. Which direction did they go? Did they brake before impact or hit you at full speed? Did they slow down after the collision or accelerate away?

Photograph your vehicle's damage, the crash location, skid marks, debris left behind, and any paint transfer on your car. Paint transfer is physical evidence — it can match the other vehicle's factory color and narrow the search. Don't wash your car or have the damage repaired until police have had a chance to examine it.

If you were a pedestrian or cyclist hit by a car that fled, photograph your injuries, your damaged clothing, and the exact spot where the impact happened. Look for broken pieces from the other vehicle — mirror glass, plastic trim, headlight fragments. Those parts can identify the year, make, and model of the car.

Save everything. Tow truck receipts, medical bills, pharmacy costs, records of missed work. You'll need all of it whether you're filing against the other driver's insurance or your own.

5

Understand Your Insurance Options When the Driver Can't Be Found

Here's the reality: most hit-and-run drivers in Houston are never identified. Of 26,800+ hit-and-run cases in 2023, only 310 — roughly 1.2% — were cleared by HPD. Police simply don't have the resources to investigate every case. But that doesn't mean you're left with nothing.

If you carry uninsured motorist (UM) coverage on your auto policy, this is exactly the situation it's designed for. When the other driver is unidentified — a textbook hit-and-run — your own UM policy steps in and covers your medical bills, lost wages, and pain and suffering, up to your policy limits.

Important: Texas does not require drivers to carry UM coverage. It is optional. When you purchase auto insurance in Texas, your insurer is required to offer UM/UIM coverage, and you must affirmatively reject it in writing if you don't want it. If you never signed a rejection form, you likely have UM coverage at your policy's liability limits. Check your policy now.

To trigger your UM coverage for a hit-and-run, you generally need to file a police report and demonstrate that you were injured by an unidentified driver. Important: most Texas UM policies include a physical contact requirement — meaning the fleeing vehicle must have actually struck your vehicle or your person for the UM claim to apply. If a driver ran you off the road without contact, your UM claim may be denied unless you can identify the driver. Your insurance company will treat this as a claim under your own policy, which means they'll investigate and negotiate — don't assume they'll be generous just because you're their customer.

If you also carry underinsured motorist (UIM) coverage, that provides an additional layer. If the hit-and-run driver is eventually found but has minimal or no insurance, your UIM coverage makes up the difference.

6

Know What Happens If the Driver Is Found

If police identify the hit-and-run driver — through cameras, witnesses, paint transfer analysis, ALPRs, or the driver turning themselves in — the situation changes. Now you have a defendant.

The driver faces criminal charges under Texas's Failure to Stop and Render Aid statute (Tex. Transp. Code § 550.021). Penalties are severe: leaving the scene of a crash that caused death is a second-degree felony punishable by 2 to 20 years in prison and up to $10,000 in fines. Serious bodily injury is a third-degree felony carrying 2 to 10 years. Any other injury is punishable by 1 to 5 years. Even a property-damage-only hit-and-run is a misdemeanor.

On the civil side, you now file your claim against the driver and their insurance — not your own UM policy. The fact that the driver fled the scene works strongly in your favor. Fleeing is evidence of consciousness of guilt and makes any comparative negligence argument against you much harder for the defense to sell. Juries don't look kindly on drivers who hit people and run.

Texas's two-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) generally applies from the date the cause of action accrues. In hit-and-run cases, the statute may be tolled (paused) until the responsible driver is identified, since you can't sue someone you don't know. However, don't rely on tolling without consulting an attorney — the rules are fact-specific, and starting the process early preserves evidence and gives you more options.

7

Understand Texas's Comparative Negligence Rules

Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001) applies to hit-and-run cases. If you're found partially at fault for the crash — for example, if you made an unsafe lane change and were rear-ended by a driver who then fled — your damages are reduced by your percentage of fault. If you're 51% or more at fault, you recover nothing.

In hit-and-run cases where the driver is never found, comparative negligence is less of an issue because there's no defendant arguing fault. Your UM carrier may raise it, but they have limited information about the other driver's behavior.

When the driver is found, comparative negligence becomes a real battleground. The driver's attorney will try to paint a picture where you contributed to the crash. But the fact that the driver fled undermines their credibility on fault. A jury is unlikely to blame the person who stayed and called 911 when the other driver ran.

8

Talk to a Personal Injury Attorney

Hit-and-run cases have layers that standard car accident claims don't. You may be filing against your own insurance company rather than the other driver's. The criminal investigation may or may not produce a suspect. The statute of limitations clock is ticking whether the driver has been found or not. And if the driver is found, coordinating the criminal and civil tracks takes experience.

An attorney can file the UM claim with your insurer and negotiate on your behalf, push for a thorough police investigation, preserve evidence (especially surveillance footage, which businesses typically overwrite within 30 to 90 days), and — if the driver is identified — pursue the full civil claim against them.

Most personal injury attorneys in Houston handle hit-and-run cases on contingency. No upfront cost, and they only get paid if you recover money. A free consultation tells you what your options are and what the case might be worth — whether the driver has been found or not.

Houston Hit-and-Run Facts

26,800+

hit-and-run cases opened by HPD in 2023 — roughly 74 per day

Houston Police Department / ABC13 Investigation

20 Years

maximum prison sentence for leaving the scene of a fatal crash in Texas

Tex. Transp. Code § 550.021

2 Years

statute of limitations for personal injury claims in Texas — runs from the crash date, not when the driver is found

Tex. Civ. Prac. & Rem. Code § 16.003

~14%

estimated percentage of Texas drivers who are uninsured

Insurance Research Council

Houston's Hit-and-Run Crisis

Houston has one of the worst hit-and-run problems of any major city in the country. HPD data obtained through an ABC13 investigation revealed that 26,880 hit-and-run cases were opened in 2023, with 51 people killed — roughly 74 hit-and-runs every single day. The clearance rate is staggeringly low: of those 26,880 cases, only 1,166 (4.3%) were even assigned to an investigator, and only 310 (1.2%) were cleared and sent to the DA's office. In the first five months of 2024 alone, 10,609 additional hit-and-run cases were opened with 22 fatalities — on pace to be deadlier than 2023. An estimated 14% of Texas drivers carry no insurance, which is one of the primary reasons drivers flee crash scenes. Houston's sprawling freeway network — I-10, I-45, I-69/US-59, I-610, and Beltway 8 — carries enormous traffic volumes, and the sheer scale of the road system makes it easier for a fleeing driver to disappear. The corridors with the highest crash volumes are the same ones where hit-and-runs are most common: the Katy Freeway (I-10 West) carrying over 300,000 vehicles per day, I-45 between downtown and Galveston, and surface streets like Westheimer Road, Telephone Road, and Airline Drive. Houston's 119 pedestrian deaths in 2024 are especially relevant — a disproportionate number of pedestrian fatalities involve drivers who fled the scene. The Houston Police Department's Vehicular Crimes Division investigates serious hit-and-run crashes, and HPD has deployed over 318 automated license plate reader (ALPR) cameras from Flock Safety across the city through a $6.4 million contract — but with 74 hit-and-runs per day, the investigation resources remain vastly outmatched by the volume.

How Your Uninsured Motorist Coverage Works in a Hit-and-Run

If the driver who hit you disappeared and is never identified, your uninsured motorist (UM) coverage is your primary path to compensation. Here's how it works in Texas. Unlike Wisconsin and some other states, Texas does not require drivers to carry UM coverage. However, Texas law requires your insurer to offer UM/UIM coverage when you purchase your policy, and you must sign a written rejection if you decline it. If you never signed a rejection form, your UM coverage likely defaults to your liability limits. When you file a UM claim for a hit-and-run, you're making a claim against your own insurance policy. Your insurer steps into the role that the other driver's insurer would normally fill — they investigate the claim, evaluate your damages, and offer a settlement. You'll need a police report documenting the hit-and-run, medical records linking your injuries to the crash, and evidence that the other driver was at fault and unidentified. Your insurer may push back — they may argue your injuries were pre-existing, that the crash wasn't as severe as you claim, or that you contributed to the accident. The fact that they're your own insurance company doesn't mean they'll treat you fairly. They're still in the business of paying as little as possible. If the driver is eventually identified but has no insurance or insufficient coverage, your UIM coverage fills the gap. Texas's minimum auto liability insurance is 30/60/25: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage. These minimums often fall far short of covering serious injuries — making UIM coverage essential. Many attorneys recommend carrying at least $100,000/$300,000 in UM/UIM, and the cost difference in your premium is usually modest.

Criminal Penalties for Hit-and-Run Drivers in Texas

Texas takes leaving the scene of an accident seriously. Under Tex. Transp. Code § 550.021, any driver involved in a crash resulting in injury or death must immediately stop, determine if anyone needs help, and provide reasonable assistance — including calling for emergency medical services if needed. Fleeing the scene is a separate criminal offense on top of whatever caused the crash. The penalties scale with severity. Leaving the scene of a crash that caused death is a second-degree felony: 2 to 20 years in prison and up to $10,000 in fines. Serious bodily injury is a third-degree felony: 2 to 10 years and up to $10,000. Any other injury is punishable by 1 to 5 years in prison, a $5,000 fine, or both. For property-damage-only crashes, failing to stop is a Class C misdemeanor if damage is under $200, or a Class B misdemeanor if $200 or more (Tex. Transp. Code § 550.022). These criminal penalties are separate from your civil claim for damages. The driver can be prosecuted by the Harris County District Attorney and sued by you simultaneously. A criminal conviction helps your civil case — it's hard for a driver to argue they weren't at fault when they've already been convicted of fleeing the scene. But criminal penalties don't compensate you. Even if the driver goes to prison, you don't get a dollar from the criminal case. Your compensation comes through the civil claim — either against the driver's insurance (if they're found and insured) or through your own UM coverage (if they're not). That's why pursuing the civil side is just as important as the criminal investigation.

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Hit-and-Run FAQ — Houston & Texas

Yes, if you carry uninsured motorist (UM) coverage on your auto policy. UM coverage is designed for exactly this situation — when the at-fault driver is unidentified. You file a claim under your own policy, and your insurer covers medical bills, lost wages, and pain and suffering up to your policy limits. Texas does not require UM coverage, so check your policy.

Two years from the date the cause of action accrues (Tex. Civ. Prac. & Rem. Code § 16.003). In hit-and-run cases, the statute may be tolled until the driver is identified, since you can't sue an unknown defendant. However, tolling rules are fact-specific — consult an attorney promptly to protect your rights.

Stay at the scene. Call 911. Give police every detail you can about the other vehicle — make, model, color, partial plate, direction of travel. Photograph your vehicle damage, the crash location, and any debris or paint transfer. Get contact information from witnesses. Do not chase the other driver.

Penalties depend on severity. Death: second-degree felony, 2-20 years in prison, up to $10,000 fine. Serious bodily injury: third-degree felony, 2-10 years, up to $10,000 fine. Other injury: 1-5 years, up to $5,000 fine. Property damage only: misdemeanor (Tex. Transp. Code § 550.021, § 550.022).

No, but your insurer must offer it, and you must sign a written rejection to decline. If you never signed a rejection form, you likely have UM coverage at your liability limits. Check your policy — UM coverage is your lifeline in a hit-and-run where the driver is never found.

It depends on your insurer. A UM claim for a hit-and-run where you weren't at fault generally should not increase your rates, but policies vary. Texas law doesn't prohibit insurers from considering UM claims when setting rates, but many treat not-at-fault UM claims differently from at-fault accident claims. Ask your agent.

You still have options. If you have auto insurance with UM coverage, it may apply even when you were on foot — check your specific policy. If you don't have auto insurance, you may be able to file under a household family member's UM policy. Report the crash to police immediately and get medical attention the same day.

Yes. Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001) applies. If you were partially at fault, your recovery is reduced by your percentage of fault. At 51% or more, you recover nothing. But the driver's decision to flee weakens any argument that you were primarily responsible.

Through traffic and security camera footage, witness descriptions, paint transfer analysis on your vehicle, debris left at the scene (headlight fragments, trim pieces), automated license plate readers (ALPRs), and the driver voluntarily coming forward. Providing police with as much detail as possible — even a partial plate — dramatically increases the chances of identification.

Yes, as long as the statute of limitations hasn't expired. In hit-and-run cases, the two-year deadline may be tolled until the driver is identified. You file a civil claim against the driver and their insurance for your full damages. The fact that they fled strengthens your case because it demonstrates consciousness of guilt.

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every hit-and-run case is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Texas statutes and is current as of 2026 but may change. Always verify with a qualified attorney.

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