Asked 3/11/2016 – San Antonio, TX

my son was in an auto accident, he pulled forward and pulled over to get out of traffic the other driver turned the corner. My son waited 15 minutes the the other driver never came back. he looked his car over for damage and left. The next day the other driver emailed him at work accusing of Hit and Run. He told her that he indeed pulled over and waited. Both insurance companies were notified. Three months later after my insurance company declined her claim due to her damage not inline with her statement of the accident my son got a call from the police to come and give a statement regarding the accident. He complied. Three months later he gets a notice of a warrant for his arrest. He went down and did a sati lite arrest. After going to court and waiting for the court appointed lawyer. We found out the charges we failure to give information. Well as stated in the beginning all information was provided the next day when he was contacted and only at this time he know the other party involved in the accident. The court wants restitution for damages. Should this not dismissed because the insurance found him not at fault and he did provide the information.

Answer

The duties of a driver involved in an accident are outlined in Texas Transportation Code Section 550.022. Get a copy of the allegations in the arrest report in your son’s case and sit down with your attorney. See which part of the statue the State alleges your son failed to comply with. If your son maintains he complied with the statutory requirements, set your case for trial. Not knowing your son, but if he says, “Oh yeah, I forgot about…”, work a plea.