Duty on Striking Structure, Fixture, or Highway Landscaping
It is a criminal offense in the state of Texas to strike a fixture, structure, or highway landscaping and not provide identifying information. Texas law requires that if you hit some sort of structure or cause some type of property damage that you provide identification. Failure to do so may result in a misdemeanor charge.
In the following article, we’ll go over Texas Transportation Code 550.025 Including its definitions, penalties, and possible defenses.
Accident Defense Lawyers in Austin, Texas
If you or someone you know has been charged with failing to provide information after an accident causing property damage, then it is in your best interest to contact the law office of Kevin Bennett.
Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas.
Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges.
Your initial consultation is free, and it is the first step in the defense planning process.
Information Center
- What Are “Duty” Laws?
- Penalties for Failing to Provide Information
- Common Defenses for Failing to Provide Information
- Hire a Duty Lawyer in Austin, Texas
What Are Duty Laws?
Duty laws are regulations that you are required to follow after an accident. These laws include requirements to provide your driver’s license insurance information and other identifying info to anyone that may be involved in the accident.
Texas Transportation Code 550.025 specifically deals with what you are required to do if you strike a highway landscaping, structure, or a fixture.
If you strike a structure fixture or highway landscaping, then you are required to:
- take reasonable steps to locate and notify the owner or person in charge of the property of the collision
- provide the vehicle operator’s name and address
- provide the registration number of the vehicle that the operator was driving
- provide the operators driver’s license to the owner or person in charge of the property if requested and available
Examples of when you may be required to provide your information or if you lose control of your car and strike a fence, side of the highway, or find yourself on another person’s property and have caused damage. In any of the above cases you are required to provide your information so that the property owner may maintain accountability and contact you for repairs if they so desire.
It is worth noting here, that it is up to a property owner to decide whether or not to pursue reparations. It is only in the case where you have caused property damage but not provided identifying information where you may be adjudged guilty of section 550.025.
Penalties under section 550.025
The applicable penalties under section 550.025 vary depending on the amount of property damage. A violation under section 550.025 is a:
- Class C misdemeanor, if all of the damages to the fixtures and landscaping is less than $200; or
- a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.
A Class C misdemeanor is only punishable by a fine of up to $500. A Class B misdemeanor is punishable by up to six months in jail and/or a fine not to exceed 2000 dollars.
The above penalty schedule is only applicable in cases where the offense has not been repeated. A person convicted of a Class C misdemeanor three or more times within 24 months is punishable by imprisonment in jail up to six months and/or a fine not to exceed 2000 dollars.
Defenses for Section 550.025
There are a few scenarios where you may not be responsible for providing identifying information after an accident which caused property damage. Some of these examples include the following scenarios which your defense lawyer may seek to prove in a court trial:
- if you or a passenger’s life was in danger at the time of the accident, then you may not be responsible for providing identifying information immediately.
- If you are unable to locate the property owner and do not have any way to leave your contact information, then you may not be responsible under section 550.025. However, it is your obligation to attempt all manner of communication including knocking on their door, leaving a note, or returning at another time for the purpose of informing the property owner.
- Alternatively, your lawyer may instead seek to prove that you were not the person to have caused the property damage. This may include refuting digital evidence or pointing out the lack thereof.
Hire a Duty Lawyer in Austin, TX
Failing to secure legal representation may result in fines, significant reparations to property owners, and possibly loss or suspension of your driving license.
Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas.
Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges.
Your initial consultation is free, and it is the first step in the defense planning process.
