Last week, Michael Joe King died after Odessa police said a woman struck him with her car on 42nd Street and fled the scene. Ector County District Attorney Dusty Gallivan said roughly 40 people have died in Ector County over the last three years under similar circumstances.
The law under Texas’ transportation code is clear. After an accident occurs, drivers must immediately stop at the scene or as close to it as possible and they must return to the scene immediately if they didn’t stop.
It goes one step further, too, Gallivan said.
“It’s your obligation to get them some kind of assistance if they’re injured. That could be you calling 911 or if you’re trained that could be you administering first aid, whatever it might be,” Gallivan said. “If I don’t have first aid training or any sort of extra training, I can fulfill my obligations by just picking up the phone.”
People who don’t stay at accidents involving death could received from two to 20 years in prison; those who flee scenes involving serious bodily injuries face two to 10 years in prison, according to the code.
Every case is handled based on its own merits, Gallivan said.
“If somebody hits a pedestrian and then flees to Mexico versus they hit a pedestrian, freak out, leave or come back to the scene and tell police what happened, those are two different scenarios,” Gallivan said.
Gallivan said sadly, those statistics don’t include the folks who have died as a result of intoxication manslaughter, drag racing or people who cause accidents while evading police.
As for why people run, Gallivan said it’s anyone’s guess.
“Could be they’re just scared. They just hit somebody. They’re scared they caused an accident. It could be they’re high. They’re drunk. They were texting at the time. Who knows?” Gallivan said. “I can’t speak for legislature, but my presumption is that’s why they made leaving the scene a felony because why would you leave if you weren’t hiding something.”
Odessa defense attorney Bobby Bland said for years people fled the scenes of accidents because they realized law enforcement officers would have difficulty proving they were under the influence of drugs or alcohol if they could delay their arrest until after substances had left their bodies. However, the Texas Legislature has been attempting to close that gap for the last several years.
In 2013, the state elevated the crime of failure to stop and render aid to the same level as intoxication manslaughter. Then, in 2019, a new law created a mandatory minimum 120-day prison sentence for anyone who receives probation for failing to stop and render aid in cases that result in someone’s death.
Bland, who spent 15 years as district attorney, said the smart thing is always to remain at the scene of accidents, especially if they are relatively minor accidents.
“If you flee the scene, you can take what could just be a traffic ticket and turn it into a felony,” Bland said. “You don’t have to answer the officer’s questions. You have the right to remain silent and you can ask for a lawyer.”
According to the transportation code, if you’re in an accident and you cause damage to another vehicle you’re facing a Class B or Class C misdemeanor depending upon the damage. You’re required to provide your name and address to the other driver.
If the vehicle is unattended, according to the code, you’re required to either locate the operator of the vehicle or you’re required to leave that information in a “conspicuous place” along with a “statement of the circumstances of the collision.”
