Getting into a car accident is scary. When the other driver speeds off. Leaving you hurt, confused, and wondering what just happened, it’s even worse. If you’ve experienced a hit-and-run accident in Brownsville, you’re probably asking, “What are my rights? Who pays for the damage? Can I even do anything if they never catch the driver? ”
At the Texas Law Offices of Ignacio G. Martinez, we’ve helped countless South Texas families navigate the chaos of hit-and-run cases. And we understand this isn’t just about legal advice. It’s about treating you with respect, listening to your story, and helping you feel seen, heard, and supported.
Let’s break it all down. This guide explains what your rights are after a hit and run in Texas, what steps you should take, and how to protect yourself legally and financially, even if the other driver is never found.
What Exactly Is a Hit and Run in Texas?
In Texas, a hit and run happens when a driver involved in a crash leaves the scene without providing their information or helping injured parties. This applies to:
- Car-to-car collisions
- Accidents with parked vehicles
- Hitting a cyclist or pedestrian
- Property damage accidents
According to Texas law, drivers are required to stop after an accident, exchange insurance and contact info, and help anyone who’s hurt. Failing to do so is a criminal offense. And the penalties get more serious if someone is injured or killed.
Common Hit-and-Run Scenarios in Brownsville
Hit and run cases aren’t always dramatic. In fact, many people in the Brownsville area get hit in:
- Parking lots at local shopping centers
- Side streets in neighborhoods
- Late-night collisions with intoxicated drivers
- Busy intersections where someone runs a red light and flees
- Accidents near the border where drivers may try to escape jurisdiction
Testimonial from Rosa G., Brownsville TX:
“I was hit outside a grocery store on Ruben Torres. The driver took off before I could get their plate. I felt hopeless. Mr. Martinez and his team helped me file a claim through my own insurance and fought for my medical coverage. They treated me like family.”
What Are Your Legal Rights After a Hit and Run in Brownsville?
If you’re the victim of a hit and run in Texas, you still have legal rights. Even if the other driver is never caught.
1. Right to File a Police Report
Always report the accident to the Brownsville Police Department immediately. This creates an official record, which is crucial for insurance claims and potential legal action.
2. Right to Compensation Through Insurance
If the other driver isn’t identified, you may still recover damages through:
- Uninsured Motorist (UM) coverage
- Personal Injury Protection (PIP)
- Medical Payments (MedPay)
- Collision coverage (for vehicle repairs)
Legal Tip: Many Brownsville residents don’t know they have UM coverage. Check your policy. It’s often included unless you opted out in writing.
3. Right to File a Civil Lawsuit (If the Driver Is Found)
If law enforcement finds the hit-and-run driver, you can sue them for damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
A civil case is separate from the criminal case the driver may face.
Steps to Take Immediately After a Hit-and-Run Accident
Taking the right steps after a hit-and-run can protect your legal rights and improve your chances of compensation.
Step 1: Call 911
Report injuries and request medical help if needed. Let the police know that the other driver fled the scene.
Step 2: Gather Evidence (If Safe)
Try to write down:
- License plate number (even partial)
- Vehicle description (make, model, color)
- Time and location of the crash
- Any witness names or numbers
- Take photos of your vehicle and injuries
Step 3: Notify Your Insurance Company
Even if you don’t have full coverage, file a claim. Explain that it was a hit-and-run and include the police report number.
Step 4: Talk to a Personal Injury Attorney
An experienced attorney can:
- Help you file and negotiate insurance claims
- Investigate using traffic cameras, witnesses, or local footage
- File a lawsuit if the driver is located
- Make sure you’re not stuck paying for someone else’s mistake
Testimonial from Carlos R., Southmost TX:
“I didn’t know what to do. I was afraid I couldn’t afford help. But the Law Offices of Ignacio G. Martinez took my case with no upfront cost and helped me get compensation from my uninsured motorist coverage.”
What If the Driver Is Never Found?
Many hit-and-run drivers in Brownsville are never located. But that doesn’t mean you’re out of options.
- File under your uninsured motorist coverage
- Collect through PIP or MedPay for medical costs
- Work with a lawyer to document your losses and expenses
- Seek out surveillance footage from nearby stores or traffic lights
Sometimes it’s the smallest details, like a bumper sticker or business name on a truck, that lead to identification later.
What Damages Can You Recover?
Depending on the details, you may be entitled to compensation for:
- Emergency room bills
- Ambulance transportation
- Physical therapy
- Time off work
- Prescription medication
- Pain and emotional distress
- Car repairs or replacement
Why Legal Representation Makes a Difference
Hit-and-run cases can get complicated fast. Insurance companies often delay, deny, or underpay claims. Especially when there’s no at-fault driver to pursue.
Having a legal advocate ensures:
- Your claim is taken seriously
- Deadlines are met
- All potential sources of compensation are explored
- You’re treated like a person, not a claim number
Hurt in a Hit-and-Run in Brownsville? We’re Here to Help.
At the Texas Law Offices of Ignacio G. Martinez, we don’t just offer legal services; we offer support. We know you’re going through a difficult time, and we treat every client with the dignity, respect, and compassion they deserve. You’re not just a case file. You’re part of our community. Whether the driver is found or not, you have rights, and we’re here to protect them.
Call today for a free consultation. Let’s talk about your story and how we can help.
Frequently Asked Questions
1. What qualifies as a hit and run in Texas?
A hit and run occurs when a driver leaves the scene of an accident without exchanging contact or insurance information or helping an injured person.
2. Can I get compensation if the hit-and-run driver isn’t found?
Yes. You can file a claim through uninsured motorist coverage or other parts of your own insurance policy.
3. How long do I have to report a hit and run in Brownsville?
You should report it immediately. Delays in reporting can hurt your insurance claim and reduce your legal options.
4. Is leaving the scene of an accident a felony in Texas?
It can be. If someone is injured or killed, it may be charged as a felony with serious penalties.
5. What kind of lawyer should I hire for a hit-and-run accident?
A personal injury attorney with experience in auto accident claims and insurance negotiations is your best choice.
6. What if I was a pedestrian hit in a hit-and-run?
You still have the right to pursue a claim. You may use your health insurance, PIP, or uninsured motorist coverage if available.
7. How do I prove my damages without the other driver?
You can use medical records, witness statements, photos, and police reports to document your injuries and losses.
8. Can I file a lawsuit even if the driver isn’t found?
You can’t sue an unknown person, but you can still file an insurance claim and seek other legal remedies.
9. How much does it cost to hire a lawyer?
Most personal injury lawyers work on contingency, meaning they only get paid if you win or settle your case.
10. Will my insurance rates go up if I file a hit-and-run claim?
Possibly, but many policies protect you from rate increases if you were not at fault. Always speak with your insurer or lawyer first.
