What are the Defenses to Hit and Run Charges

 What are the defenses to hit and run charges in Texas. That is the question anyone ask that is charged with hit and run charges in Texas.  The defenses to a hit and run charge can vary depending on the circumstances of the case. Some potential defenses might include:

1. Lack of Knowledge: If the driver genuinely didn’t realize they were involved in an accident, the evidence may show a driver may not realize what happened.  For example, if they thought they hit an object like a pothole rather than a person or another vehicle.
2. Lack of Intent: If the evidence shows that the driver didn’t intend to flee the scene but left due to a reasonable fear for their safety or other extenuating circumstances, they might have a defense.
3. Duress or Necessity: If the driver left the scene under duress (e.g., someone threatened them) or out of necessity (e.g., to seek immediate medical attention), they might have a viable defense.
4. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the defendant was the driver who fled the scene, a mistaken identity defense could be raised.
5. No Damage or Injury: If there was no damage to property or injury to individuals, the defendant might argue that there was no legal obligation to stop, though this defense is typically weaker if the accident involved a vehicle.
6. Emergency Situations: If the driver fled the scene to seek help for injured parties or to prevent further harm, they might have a defense based on the emergency nature of the situation.