How to Recover Compensation After a Hit-and-Run Accident in Texas

Being struck in a hit-and-run accident turns an already traumatic event into something far more daunting. In Texas—a state with one of the highest rates of fatal hit-and-runs in the nation—victims are often left with serious injuries, mounting bills, and no at-fault driver to hold accountable. According to a national analysis, there were approximately 737,100 hit-and-run crashes in the U.S. in 2015, and fatalities from these incidents have risen by roughly 7.2 % per year since 2009. In Texas specifically, the rate of hit-and-run fatalities is about 25 % higher than the national average.

Learn more below about the dangers of hit-and-run accidents and how you can still get compensation for your injuries even if the driver can’t be found. For help after a hit and run in Texas, contact McLemore, Reddell, & Story, P.L.L.C., to speak with a skilled and experienced Houston motor vehicle accident attorney.

Why Hit-and-Runs Are Especially Dangerous

When a driver flees the scene, the victim is not only facing the physical harm caused by the crash but also the added burden of being left behind without the usual protections. First of all, a delay in rescue or medical response may occur when the other driver fails to call for help or stop and render aid. The research shows that hit-and-run crashes “contribute to … increased severity of outcomes given delays in or the complete absence of medical attention for the victims,” according to the AAA Foundation for Traffic Safety.

When it comes to determining fault and liability, there’s no at-fault driver to exchange information with, making the investigation harder. Insurance companies and even law enforcement may view the accident skeptically and not simply take the injured driver’s word for what happened. If you’ve been involved in a hit-and-run, you must move quickly to preserve evidence, work with law enforcement, and explore your insurance options.

Working with Law Enforcement and Private Investigators

If you’re the victim of a hit-and-run accident in Texas, it might still be possible to locate the driver who hit you. Here are some steps that can help you pursue the driver and also ensure your own compliance with the law:

• Report the crash immediately to the police or the appropriate local law enforcement agency. Under Texas Transportation Code §550, a driver who causes or reasonably should know they caused an accident involving property damage, injury, death, or an unattended vehicle must stop, remain at the scene, and render reasonable assistance.

• Gather evidence at the scene if you’re physically able to. Take photos of your vehicle damage, the scene, any skid marks, debris, direction of travel of the fleeing vehicle, witness contact information, and any video footage (traffic cameras, cell phones) that may show the event.

• Cooperate fully with law enforcement investigations. The chance of identifying the fleeing driver improves significantly with timely and accurate reporting, witness statements, and physical evidence.

• Consider engaging a private investigator or accident reconstruction expert, especially if the at-fault driver cannot be found or if fault is disputed. These professionals may help locate the driver, analyze vehicle impact damage, or reconstruct the crash to support a legal claim. When you’re dealing with unidentified motorists, this kind of proactive investigation can be decisive.

• Preserve your own documentation. Keep records of all medical treatment, any lost wages, vehicle repair or replacement costs, and any out‐of‐pocket expenses you incur because of the accident.

Acting promptly gives you a much better chance of locating the at-fault driver, connecting liability to the crash, and strengthening any claim you may make.

How Uninsured / Underinsured Motorist (UM/UIM) Coverage Can Help

One of the most distressing facts about a hit-and-run crash is that the victim cannot recover compensation from the negligent driver’s insurance. Luckily, Texas treats these situations similarly to getting hit by an uninsured motorist and allows you to file a claim with your own insurance company. In Texas, insurance carriers must offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. This coverage is automatically included in a liability policy unless the policyholder specifically rejects it in writing.

UM/UIM coverage protects you when the at-fault driver is uninsured, underinsured or cannot be found (as in the case of a hit-and-run). The Texas Department of Insurance clearly states that UM coverage “pays if you’re in a hit-and-run accident and the other driver can’t be found to pay for damage.” With bodily injury/UM coverage, you may recover for medical expenses, lost wages, pain and suffering, and in some cases, funeral expenses if the crash is fatal.  One important aspect to note is that the so-called “physical contact rule” must generally be satisfied—that is, there must have been some physical contact between your vehicle and the fleeing vehicle for UM property damage coverage to apply.

Why You Need an Experienced Auto Injury Lawyer

Because your own insurer becomes the party from whom you must seek payment under UM coverage (rather than the at-fault driver’s insurer), you often find yourself in an adversarial position with your insurer. When you file a UM claim after a hit-and-run, you’re not just dealing with your insurer; you’re dealing with an insurer whose interest is to minimize payouts, and the situation becomes adversarial in many ways. For instance, the insurer may examine your claim closely and dispute fault and the severity of injuries.

Because you’re essentially asking your own carrier to pay, issues of policy interpretation, coverage limits, exclusions (e.g., the contact rule), and evidence of your damages can become heavily contested. Without strong legal help, you may accept a quick but low settlement and lose the opportunity to pursue full compensation for long‐term medical care, pain and suffering, or future lost earnings. A lawyer experienced in Texas UM hit-and-run claims can help clarify policy language, preserve your rights, submit the claim correctly, negotiate forcefully, and, if needed, prepare for litigation.

What Compensation Can You Recover?

In a Texas hit-and-run case, compensation may include:

• Medical treatment costs (past and future)
• Lost income and diminished earning capacity
• Vehicle repair or replacement costs
• Out-of-pocket expenses (transportation, home modifications, etc.)
• Pain, suffering, emotional distress
• In fatal cases, funeral and burial expenses, loss of consortium

If the fleeing driver is later identified and has assets/insurance, you may pursue them directly. But when that’s not possible, your UM coverage is your best path, and legal advocacy is essential to getting the full value of your claim.

Contact a Texas Hit and Run Accident Attorney

Hit-and-run accidents in Texas are rising and carry unique risks for victims. The fleeing driver often leaves you without direct recourse, which makes it critical to work with law enforcement, document the crash, and leverage your insurance policy wisely. If you’ve been injured in a hit-and-run, do not rely on the at-fault driver being found; be proactive in protecting your rights, and consult an experienced Texas personal injury attorney who understands how to handle UM claims, negotiate with insurers, and fight for the full value of your losses.

If you or a loved one was hurt in a hit-and-run accident in Texas, the law team at McLemore, Reddell, & Story, P.L.L.C., is ready to help you understand your rights, initiate your UM claim, and pursue the compensation you deserve. Reach out today for a free consultation.