In Louisiana
, a hit-and-run can be tried as either a misdemeanor or a felony, depending on the circumstances. The penalties can range anywhere from a $500 fine to 10 years in prison. Get rewarded for safe driving. Earn points and unlock benefits. Totally free.
Start earning nowWhat is a hit-and-run?
A hit-and-run is a car accident when a vehicle hits a person, object, or vehicle and the driver leaves the scene without providing information. If you hit another vehicle, person, or property, it’s the law to stop and provide your insurance information so the victim can file a claim.
No matter who is at fault in the accident, all parties involved must stay at the scene. Even if someone else caused the accident, if you leave, you’re guilty of a hit-and-run. You must stay at the scene of a collision and exchange information with the other parties to avoid being penalized.
What happens if you commit a hit-and-run in Louisiana?
If you’re in a car accident, it can be tempting to panic and flee, but it’s important to never leave the scene of an accident. Leaving the scene without exchanging information with the other driver can lead to major legal and financial consequences.
Key Takeaway If you are involved in an accident, you are required by law to remain at the scene until you’ve provided your information.
Is a hit-and-run a felony in Louisiana?
Depending on the circumstances, a hit-and-run in Louisiana can count as a misdemeanor or felony. If the only damage was to a vehicle or unattended vehicle, it’s a misdemeanor. If the hit-and-run caused any injury or death, it will be tried as a felony.
You can also be tried for an enhanced felony hit-and-run offense if the following conditions are met:
1. The accident caused death or serious injury.
2. The driver knew that their operation of the vehicle caused an accident.
3. The driver was previously convicted of a DUI, vehicular homicide, or vehicular negligent injuring.
What is the punishment for a hit-and-run in Louisiana?
The penalties for a hit-and-run in Louisiana depend on the circumstances and extent of damage caused by the accident.
If a hit-and-run did not cause death or serious bodily injury, the maximum punishment is a $500 fine and/or a maximum prison sentence of six months. If you commit a hit-and-run that results in death or serious bodily injury, you’ll be fined a maximum of $5000 and/or imprisoned (with or without hard labor) for no more than 10 years.
Here’s a break down of the possible penalties for a hit-and-run in Louisiana:
| | | |
---|
| | | Both imprisonment and fine |
| | | Both imprisonment and fine |
Death or serious injury (loss or permanent impairment of a body part or limb) | Up to 10 years of imprisonment | | Both imprisonment and fine |
If you commit a hit-and-run that resulted in serious injury or death and you have a previous conviction for a DUI, vehicular homicide, or vehicular injury in the last 10 years, you face imprisonment of no less than 5 years and no more than 20 years.
How to avoid a hit-and-run charge
Louisiana Law RS 14:100 states that in any accident resulting in damage to property or injury, the driver of the vehicle must stop the vehicle at the scene of the accident, give proof of their identity, and “render reasonable aid.” Giving identity includes providing your name, address, and the license number of your vehicle, or reporting the incident to the police.
Rendering reasonable aid varies from case to case, and depends on the surrounding circumstances. For example, this could include helping an injured person at the scene. This does not, however, require the driver to risk their safety.
In order to convict someone of a hit-and-run in Louisiana, the prosecution has to prove that the driver knew or must have known that the vehicle they were operating was involved in an accident.
What should I do if I experience a hit-and-run in Louisiana?
If you’re the victim of a hit-and-run in Louisiana, it’s crucial to remain calm, collect as much information as you can, and report the crime immediately.
At the scene
Never attempt to follow the hit-and-run car. First, assess everyone in your car to make sure nobody is injured, then move your car out of any active traffic lanes. After that, call 911 for any necessary medical attention and request that the police be sent to the scene of the accident.
It might feel overwhelming, but attempt to note as much of the following information as possible before you leave the scene:
The other car’s make, model, color, and body style
The license plate number of the other vehicle
The other driver’s appearance
The circumstances of the accident
The direction the car was headed when it left the scene
Any unique markers on the other car, like dents or bumper stickers
Be sure to talk to any witnesses and inspect the scene for any other evidence or information, like fragments left behind from the collision. It’s also important to take photos of the scene and surrounding area to properly document the incident.
After you leave the scene
The police officer at the scene should file a police report—if not, you can request they do so. This documentation will increase the odds of finding the other driver as well as provide evidence for your insurance claim.
Be sure to file an insurance claim within 24 hours after a hit-and-run.
If the other driver is identified, their liability insurance should cover the damage to your vehicle. Then, your insurance company will handle the claim like any other car accident.
If no one is able to gain information about the other driver or their vehicle, claims are more complicated. If you only have liability coverage, you’ll be stuck having to deal with the damage yourself. You may be covered, though, if you have collision coverage
, uninsured/underinsured motorist coverage
, medical payments (MedPay) coverage
, or personal injury protection (PIP)
. What insurance covers a hit-and-run?
| Will it cover a hit-and-run? | |
---|
| | Might have to pay a deductible first |
Uninsured motorist coverage | | Your insurance company can tell you if your policy covers hit-and-runs |
Medical payments (MedPay) coverage | | Will only cover what health insurance doesn’t already. You may need to pay deductible |
Personal injury protection (PIP) | | Can cover lost income and other expenses that result from a collision |
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