7.745 — FLEEING THE SCENE OF AN ACCIDENT

Violations of "Statute 7.745" results in an Class E Misdemeanor with receiving an additional license point(s) of 6.

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(a) Definitions

Fleeing the scene of an accident refers to the act of leaving the location of a motor vehicle collision or accident without providing the required information or offering assistance to those involved. The law mandates that drivers involved in accidents must remain at the scene, report the incident to authorities, and provide assistance as needed, depending on the severity of the accident.

(b) Elements

To establish the offense of fleeing the scene of an accident, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was involved in a motor vehicle accident that resulted in property damage, injury, or death.

• The defendant knowingly left the scene of the accident without providing identification, insurance information, or other required documentation to the other party or law enforcement.

• The defendant failed to offer assistance to anyone who was injured or in need, if applicable.

• The defendant had knowledge of the accident and intentionally fled, without a legitimate reason or emergency justifying their departure.

(c) Defenses

Defenses against a charge of fleeing the scene of an accident may include:

• The defendant was unaware that an accident had occurred, possibly due to minor damage or circumstances preventing them from realizing they were involved.

• The defendant left the scene due to a reasonable fear for their safety, such as if they were in an unsafe or threatening environment.

• The defendant stopped at the scene, but failed to comply with the required formalities, such as providing information, due to confusion or lack of understanding of the law.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The accident resulted in significant property damage, injury, or death, and the defendant fled the scene without offering assistance.

• The defendant’s actions in fleeing the scene resulted in additional harm or delays in medical or emergency response.

• The defendant has a prior history of similar offenses, demonstrating a pattern of disregard for the law.

• The defendant fled the scene intentionally to avoid legal responsibility, such as avoiding a DUI charge or another criminal charge.