james

Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury

Accidents happen. In the heat of the moment, some drivers may panic and leave the scene of a crash. However, in Louisiana, doing so—whether intentionally or unintentionally—can lead to serious legal consequences. The law requires all drivers involved in an accident to stop, check for injuries, exchange information, and notify the authorities if necessary. Failing to follow these steps, even in a minor collision, can result in criminal charges, fines, and even jail time.

Understanding Louisiana’s hit-and-run laws is crucial for protecting yourself legally. Whether you are facing charges or want to know your rights in the event of an accident, this guide will explain everything. From potential penalties to legal defenses and the steps you should take after an accident, we’ll explain it all in simple terms.

Understanding Louisiana Hit-and-Run Laws

Louisiana law requires drivers involved in an accident to stop and provide necessary assistance. Failing to do so can result in criminal charges. You could face penalties for leaving the scene of an accident even when the accident wasn’t your fault.

Under Louisiana Revised Statutes §14:100, a hit-and-run is defined as the failure to stop and provide identification after a motor vehicle accident. The severity of the charge depends on the damage caused.

A hit-and-run can be classified into two categories:

  • Accidents Involving Property Damage Only—If the accident results in a vehicle or property damage but no injuries, the law typically treats the case as a misdemeanor.
  • Accidents Involving Injuries or Death – If someone is injured or killed, leaving the scene escalates the offense to a felony, with more severe penalties.

The law applies to all drivers, whether they were directly responsible for the accident or not. You are legally required to stop and report the incident even if you were not at fault.

“Under Louisiana Revised Statutes §14:100, leaving the scene of an accident without providing assistance or notifying authorities can lead to fines, imprisonment, and permanent license revocation in severe cases.”

Legal Consequences of Leaving the Scene

Hit-and-run penalties in Louisiana depend on the severity of the accident. Even in minor cases, leaving the scene can result in a criminal record. This can affect future job opportunities, insurance rates, and driving privileges.

Hit-and-Run Penalties in Louisiana

Offense Type Classification Penalties
Property Damage Misdemeanor Up to $500 fine, possible license suspension
Injury to Another Person Felony $500-$5,000 fine, up to 10 years in prison
Fatality Involved Felony $5,000+ fine, up to 20 years in prison
Repeat Offender Felony Higher fines, extended imprisonment, permanent license revocation

The penalties do not end with fines or jail time. A hit-and-run conviction can impact your car insurance significantly. Insurers may increase your premiums or even cancel your policy entirely. This could make it challenging to find coverage in the future.

“According to Louisiana traffic reports, hit-and-run cases have increased in recent years, leading to stricter enforcement and harsher penalties for offenders.”

What To Do If You Are Involved in an Accident in Louisiana

If you’re involved in an accident, never leave the scene, no matter how “minor” the collision.

Instead, follow these steps to comply with the law and protect yourself legally:

  • Stop immediately and check if anyone is injured.
  • Call 911 and report the accident.
  • Exchange information with the other driver, including name, contact details, and insurance information.
  • Document the scene by taking photos and gathering witness statements.
  • Stay until law enforcement arrives and provides instructions.

Failing to take these steps could result in serious legal consequences. Again, you may face consequences even if you were not at fault.

Defenses Against Hit-and-Run Charges

Hope isn’t lost if you’re accused of a hit-and-run. Several legal defenses could help reduce your charges or even get them dismissed.

  • Lack of Knowledge – If the damage was minor, you might not have realized that you hit something. This defense is especially relevant in low-impact collisions.
  • Medical Emergency – If you were experiencing a medical crisis at the time of the accident, such as a heart attack or seizure, leaving the scene may have been unavoidable.
  • Immediate Danger – If stopping at the accident site threatened your safety, you may have had a valid reason to leave. However, you should still report the accident as soon as possible.

If you find yourself in this situation, it’s crucial to contact an experienced attorney immediately to discuss your options.

Impact of a Hit-and-Run Conviction on Your Future

A hit-and-run conviction can follow you for years, affecting multiple areas of your life.

  • Criminal Record – A felony conviction can make finding employment, passing background checks, or obtaining specific professional licenses more challenging.
  • License Suspension – Louisiana law allows for immediate license suspension in hit-and-run cases. The process to reinstate driving privileges is often lengthy.
  • Higher Insurance Rates—A hit-and-run charge often leads to skyrocketing insurance premiums. Some insurers refuse to renew policies altogether.

Many hit-and-run cases result in automatic license suspension, making it crucial to consult a lawyer immediately after being charged.”

How a Louisiana Car Accident Attorney Can Help

If you’ve been accused of leaving the scene of an accident, a skilled attorney can:

  • Negotiate reduced charges or dismissals in cases of miscommunication or fear-driven decisions.
  • Defend you in court by presenting evidence that supports your case.
  • Advise on plea deals and alternative sentencing options to minimize consequences.

Seeking legal help early on can make a massive difference in the outcome of your case.

FAQs About Hit-and-Run Cases in Louisiana

What should I do if I accidentally left the scene of an accident in Louisiana?

If you left unintentionally, contact an attorney immediately and report the incident to the police. Turning yourself in voluntarily may reduce potential penalties.

Can I be charged with hit-and-run if I wasn’t at fault for the accident?

Yes. Louisiana law requires you to stop and report the incident even if it wasn’t your fault. Failure to do so can lead to criminal charges.

Will my license be suspended for a hit-and-run offense?

Yes, in most cases. A conviction typically results in an automatic license suspension. You’ll have to take legal action to reinstate driving privileges.

How can a lawyer help in a hit-and-run case?

A lawyer can challenge the charges, negotiate for reduced penalties, or prove that you had a valid reason for leaving the scene (such as immediate danger).

What happens if the driver who hit me fled the scene?

If you’re a victim, report the accident immediately, document the scene, and consult an attorney to know your legal options for filing a claim or seeking justice.

Get Help with a Hit-and-Run Case in Louisiana

Leaving the scene of an accident in Louisiana can lead to serious legal consequences. These may include fines, jail time, and loss of driving privileges. Whether the accident resulted in minor damage or severe injuries, the law requires all drivers to stop, report the incident, and provide assistance if necessary. Failing to do so can escalate the situation regardless of fault.

If you’re facing hit-and-run charges, acting quickly is crucial. Understanding your rights, knowing the potential defenses, and getting legal guidance can help you with the outcome of your case. An experienced New Orleans car accident attorney can help navigate the legal process, protect your rights, and work toward minimizing penalties.

At Charbonnet Law Firm, LLC, we understand how overwhelming these situations can be. Our team has extensive experience handling accident cases in Louisiana and is committed to providing strong legal representation. If you need help, don’t wait—consult a qualified attorney today to discuss your options.

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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