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Duty on Striking Unattended Vehicle

Texas has several laws which outline the duties of vehicle operators in the case of accidents when they strike an unattended vehicle.

In the following article we’ll go over Texas Transportation Code 550.024, which describes the duties of a vehicle operator after striking an unattended vehicle.

Accident Defense Lawyers in Austin, Texas

If you or someone you know has been charged with failing to provide information after an accident causing vehicle 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.

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What Are Duty Laws?

Known colloquially as an unattended hit and run, it is illegal in the state of Texas under Section 550.024 to strike an unattended vehicle and not leave identifying information for the owner to contact.

If you strike an unintended vehicle, that is to say, a vehicle that is not currently occupied by its owner, then you are required to:

  1. attempt to locate the operator or owner of the unattended vehicle
  2. give that person the name and address of the owner and the operator of the vehicle that struck the unattended vehicle; if you are a driver this means you must provide your name and information
  3. if the owner is not present at all, then you must leave a written notice giving your name and address as well as a statement of the circumstances of the collision

Failing to and here by the above requirements is a Class B or Class C misdemeanor, depending on the amount of damage caused.

Penalties under section 550.024

The applicable penalties under section 550.024 vary depending on the amount of property damage. A violation under section 550.024 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 550.024

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 550.024. However, it is your obligation to attempt all manner of communication including waiting by their vehicle for a reasonable amount of time, leaving a note and other other means.
  • Alternately, 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.