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Texas Wrong-Way & Hit-and-Run: What Victims Need to Know

Texas wrong-way and hit-and-run car accident scene with damaged vehicles, highlighting legal complexities for victims and families.

Wrong-way and hit-and-run crashes on Texas highways cause serious injuries and complex legal cases for victims and families.

Wrong-way and hit-and-run crashesremain one of the most devastating and legally complex forms of motor vehicleaccidentsin Texas. According to the Texas Department of Transportation (TxDOT), wrong-way crashes, though less frequent, are disproportionately fatal, often involving impaired drivers and occurring at night. Hit-and-run incidents, conversely, are far more common, with thousands reported annually across the state, leaving victims without immediate recourse. Recent high-profile cases on major interstates continueto spotlight the lasting impacts on victims—making legalknowledge and strategic recourse essential for individuals and families seeking justice.

What Are Wrong-Way and Hit-and-Run Crashes?

Wrong-way collisions frequently occur at night or on busy highways, often due to impaired driving, driver fatigue, or confusion at exit/entrance ramps. These incidents carry a significantly higher fatality rate compared to other types of crashes. For instance, the Katy Freeway incident where a BMW driving against traffic struck a Cybertruckand caused a multi-vehiclepileup, resulting in fatalities and severe injuries, exemplifies the tragic results. Such events ignite media attention not just for their immediate harm, but also because they often raise questions of criminal intent, intoxication, and liability—none of which may be clear from the outset, as seen in ongoing investigations into why drivers were heading the wrong direction on Texas highways.

Hit-and-run accidents, meanwhile, occur when drivers flee the crash scene, leaving injured victims stranded and complicating both civil and criminal cases. According to the National Highway Traffic Safety Administration (NHTSA), hit-and-run fatalities have been on the rise nationally.In Texas, thousands of hit-and-run incidents are reported annually, ranging from minor property damage to severe injuryor death. Recent local news reportsunderscore how often these cases happen on interstates in the Dallas-Fort Worth region, with ongoing policeinvestigations and a community working to identify and hold offenders accountable for their actions.

Texas Statutes and Legal Duties

Under the Texas Transportation Code § 550.021, drivers involved in an accidentresulting in injuryor deathare legally obligated to stop, render reasonable assistance, and provide identifying information. Failure to do so constitutes a serious felony. Specifically:
 
  • Leaving the Scene of an Accident Involving Injury:A third-degree felony, punishable by 2 to 10 years in prison and/or a fine up to $10,000.
  • Leaving the Scene of an Accident Involving Serious Bodily Injury:A second-degree felony, punishable by 2 to 20 years in prison and/or a fine up to $10,000.
  • Leaving the Scene of an Accident Involving Death: A second-degree felony, punishable by 2 to 20 years in prison and/or a fine up to $10,000.
These laws form the backbone for prosecuting hit-and-run drivers and provide the foundation for civil claims seeking compensation. Texas lawalso requires an official report for any crash resulting in injury, fatality, or more than $1,000 in damage (Texas Transportation Code § 550.061), providing crucial evidencefor later insurancedisputes and lawsuits.
 
Texas Transportation Code outlines strict duties for drivers involved in accidents.
 
If lawenforcement cannot respond to the scene, drivers must fill out and submit a CR-2 Blue Form (Driver’s Crash Report)to the Texas Department of Transportation within 10 days of the accident. This critical step preserves victim claims and assists in establishing facts for the eventual insuranceor litigation process, ensuring that the incident is officially documented even without a policereport.

Fault, Comparative Negligence, and Insurance

Texas remains an “at-fault” state for car accidents, meaning the driver responsible for the crash is legally and financially liablefor the victim’s damages. Texas applies the “modified comparative negligencerule,” also known as the 51% bar rule (Texas Civil Practice & Remedies Code § 33.001). This means:
 
If you are found 51% or more at fault for the accident, you cannot collect any compensationfrom the other party.
 
In many jurisdictions, the concept of comparative fault plays a crucial role in determining liability in accidentcases. If you find yourself being 51% or more at fault for an accident, it significantly impacts your ability to seek compensation. This principle, often termed as “modified comparative negligence,” establishes that if a party is deemed to be primarily responsible for an accident, their eligibility to recover damagesfrom the other party is virtually eliminated. Essentially, if you bear the bulk of the blame, the legalsystem views you as having contributed significantly to the incident, and thus you forfeit any right to compensationfrom others involved.
 
This rule is particularly important to understand for anyone involved in vehicular accidentsor personal injuryclaims. It highlights the necessity of evaluating the circumstances surrounding the incident objectively. In the event of disputes over fault, insurancecompanies and courts will thoroughly investigate evidence, witnesstestimonies, and accidentreports to determine the degree of liability. If you’re found to be more than 50% responsible, not only do you lose the chance to claimdamages, but it also underscores the importance of driving responsibly and understanding your rights and obligations following an accident. Knowing where you stand in terms of fault can greatly influence your decisions in navigating insuranceclaims and potential legalaction.
 
If you are found 50% or less responsible, any recovery you receive will be reduced proportionally by your percentage of fault. For example, if you sustained $100,000 in damagesbut were found 20% at fault, you would only be eligible to recover $80,000.
 
Understanding comparative negligenceis key to maximizing compensationin Texas.
 
For example, in multi-vehiclewrong-way cases, legalteams gather extensive evidence, including policereports, accidentreconstruction analyses, and eyewitness accounts, to prove minimal victim fault and maximize compensation. This process is essential, given the aggressive tactics often used by insurancecompanies and defense attorneys to shift responsibility and lower payouts. More information about these policies—and what uninsured and underinsured motorist (UM/UIM) coverage mean for hit-and-run victims—is detailed in leading Texas car accidentguides. UM/UIM coverage is particularly vital in hit-and-run scenarios, as it can provide a source of recovery when the at-fault driver cannot be identified or lacks sufficient insurance.

Victim Compensation and Wrongful Death

Wrong-way and hit-and-run crashesregularly lead to significant personal injuryclaims and, tragically, wrongful deathlawsuits, especially when families lose breadwinners or face life-altering injuries. Under Texas Civil Practice & Remedies Code § 16.003, most personal injuryand wrongful deathclaims must be filed within two years from the crash date, known as the statute of limitations. Wrongful deathclaims may recover various types of damages, including:
 
  • Economic Damages:Lost earning capacity, lost inheritance, medical expenses incurred before death, and funeral and burial expenses.
  • Non-Economic Damages:Loss of companionship and society, mental anguish, and loss of consortium.
  • Exemplary Damages(Punitive):In cases of gross negligenceor intoxication, additional damagesmay be awarded to punish the wrongdoer and deter similar conduct. Gross negligencerequires a showing of an extreme degree of risk and the defendant’s actual, subjective awareness of the risk, but conscious indifference to the rights, safety, or welfare of others.
If offenders cannot be located, victims may rely on their uninsured/underinsured motorist (UM/UIM) coverage. This vital but often underappreciated part of modern personal injuryrecovery can cover medical bills, lost wages, and pain and sufferingwhen the at-fault driver is unknown or uninsured. In hit-and-run cases, where mapping, surveillance footage, or witnesstestimony may be the only paths to identifying a perpetrator, UM/UIM coverage provides a crucial safety net.

Newsworthy Case Links and Narrative Integration

Recent high-profile cases highlight the ongoing challenges and legalcomplexities.

Texas Law in Practice: Maximizing Victim Recourse

Proactive steps are crucial for victims seeking justice and compensation. Victims of wrong-way and hit-and-run accidentsshould:
  • Alert LawEnforcement Immediately:Call 911 to report the accident, especially if there are injuries or significant property damage. Requesta thorough policereport, which provides a factual foundation for claims and is often required evidencefor legalrecovery.
  • Document the Scene:If safe to do so, take photos and videos of the accidentscene, vehicledamage, roadconditions, and any visible injuries. Collect contact information from witnesses.
  • Seek Medical Attention:Even if injuries seem minor, get a medical evaluation promptly. This creates an official record of your injuries and can prevent complications. Follow all recommended treatments.
  • Initiate InsuranceNotification:Promptly file a claimwith your own insuranceprovider and document every aspect of the incident, injuries, and financial losses. Be cautious when speaking with the at-fault driver’s insurance company.
  • Consult a Skilled Texas Personal InjuryAttorney:An attorney can ensure evidenceis preserved, legaldeadlines are met, and all sources of compensation(including UM/UIM benefits) are aggressively pursued. They can also navigate complex comparative negligencearguments.
  • Leverage the Two-Year Statute of Limitations:Do not delay in seeking legalreview. The two-year deadline for filing a lawsuitis strict, and delays risk lost evidenceand missed recovery opportunities.

Supporting Citations and In-Depth Resources

Legaland practical responses to wrong-way and hit-and-run crashesrequire a layered approach—criminal accountability for reckless offenders, assertive civil claims for victim recovery, and strong insuranceplanning for cases where perpetrators cannot be identified. By weaving current cases, statutory duties, and best legalpractices into the discussion, victims and their families can find a path to justice and recovery in Texas courts.
 

Don’t Wait—Protect Your Rights After an Accident

If you or a loved one has been involved in a wrong-way or hit-and-run accidentin Texas, don’t face the aftermath alone. Our experienced team at HLAW is dedicated to protecting your rights and guiding you through every step of the process. We offer free, no-obligation case evaluations and consultations—so you can understand your options without any upfront cost. And you never pay us unless we win compensationfor you. Take control of your recovery today and contact Howard Lotspeich Alexander & Williams, PLLC to get the justice you deserve.

About the Author

Jesse J. Lotspeichis a seasoned trialattorney and partner at Howard Lotspeich Alexander & Williams, PLLC, where he leads the firm’s Personal Injurypractice.
 
Raised in the small West Texas town of Crane, Jesse was instilled early with a strong work ethic and a sense of duty to others. After earning his B.A. cum laudefrom Howard Payne University and his J.D. from Texas Tech University School of Law, Jesse went to work in Fort Worth advocating for victims with serious injuries caused by the neglect of others.
 
Jesse specializes exclusively in personal injurylitigation, and he carries that focus into every case—whether it’s catastrophic auto or trucking accidents, wrongful death, workplace injuries, or defective products. Known for being a staunch advocate in the courtroom, he personally handles depositions, case investigations, and all trial-level work, never shying from a fight on behalf of his clients.

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