Penalty for Failure to Stop & Render Aid in Texas

Woman Making Phone Call After Traffic Accident
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Failure to stop and render aid (FSRA) is governed by Chapter 550 of the Texas Transportation Code. The penal code typically governs criminal offenses resulting in possible confinement, but the transportation code governs most offenses related to the roadway. A conviction for FSRA can result in jail time, probation and a fine.

Legal Requirements

Texas Transportation Code section 550.021 states that the driver of a vehicle involved in an accident resulting in the injury or death of another must stop at or close to the scene or immediately return if unable to stop. Under section 550.023, the driver must remain at the scene until he has provided his name, contact information and insurance information and provided reasonable assistance to any injured party. Reasonable assistance includes transporting the injured party to a hospital or making transportation arrangements.

Consequence for Violation

Texas felony offenses are classified as first degree, second degree, third degree and state jail felonies. FSRA, however, is an unclassified felony. Violation of the requirements of Chapter 550 may result in confinement in state prison for up to 5 years or up to 1 year in county jail.

Probationary Options

If you have never been convicted of a felony in any state, you may be eligible for probation. Probation for an FSRA conviction can be up to 10 years. The standard terms and conditions for probation in Texas include monthly reporting, monthly fees, classes, curfews, drug and alcohol restrictions and drug testing.

Other Penalties

An FSRA conviction can include a fine, which can be completely or partially probated, and the assessment of court costs at amounts that will vary by county. You also may be ordered to pay the victim or the victim's insurance company restitution for medical and property damage. An FSRA conviction can result in the suspension of your driver's license.

Failure to Leave Information

If you are involved in an accident that does not result in physical injury, you still have legal obligations. You must remain at the scene of the accident or return as soon as possible and provide your contact and insurance information. Failure to comply may result in a misdemeanor conviction.