What to Do After a Hit-and-Run in Louisiana

March 20, 2025 @ 7:57 am

Hit-and-run accidents are a serious issue on Louisiana roads. They often leave victims struggling with debilitating injuries, costly property damage and long-term unanswered concerns. To discourage drivers from fleeing accident scenes and to protect victims, lawmakers have established strict hit-and-run laws with firm penalties. 

Whether you have been involved in a hit-and-run or you need to understand the legal implications beforehand just in case, knowing your rights and responsibilities can make all the difference.

When is an Accident Considered Hit-and-run in Louisiana?

According to Louisiana state law, hit-and-run driving is the intentional failure of the driver of a vehicle involved in any vehicle accident to stop at the scene of the accident, to give their identity, and to render reasonable aid.

Simply put, an incident is considered hit-and-run when at least one driver involved in the accident leaves the scene without stopping to provide their information or to assist the other party. This can be any driver involved, even if you are not the driver at fault.

While drivers may leave a scene for any number of reasons, fear is a common factor. Some individuals panic in the moment and make a split-second decision to drive away. Others may leave because they lack insurance, have a suspended license, or are under the influence of drugs or alcohol and want to avoid further legal trouble. 

Drivers with outstanding warrants or prior offenses may leave to avoid law enforcement. In minor collisions, some individuals may assume that they don’t have to stop. However, in all of these cases, they would be making a serious legal error.

Current Hit-and-run Laws in Louisiana

Louisiana law states that “the driver of a vehicle involved in or causing any accident” must stop their vehicle at the scene of the accident to give their identity and to render reasonable aid. The law further defines what is involved in giving their identity. “The driver of any vehicle involved in any accident” must provide their name, address and vehicle’s license number, or they must report the accident to the police.

When that does not happen, Louisiana law classifies hit-and-run offenses based on the severity of the accident and the extent of the injuries that result. In short, was material property damaged, and was a human being injured or killed?

• Property Damage Only. If no one appears to be injured, leaving the scene can result in a misdemeanor, with fines of up to $500, potential jail time of up to six months or both. Examples of a property-damage-only hit-and-run accident can be as simple as accidentally hitting a fence, mailbox or parked car—or as serious as losing control and driving into someone’s home or a storefront.
• Injury or Fatality. If a hit-and-run results in serious injury or death, the penalties become significantly harsher, including felony charges, steep fines of up to $5,000, and imprisonment for up to 10 years. In some cases (if the driver has a history of driving under the influence or driving dangerously), penalties may increase to mandatory imprisonment for five to 20 years. Accidents resulting in injuries or fatalities can involve anyone from other drivers and their passengers to pedestrians or cyclists.

Regardless of the extent of damages, all drivers involved are expected to remain at the scene to give their identity and to offer any needed aid to anyone who may have been injured due to the accident.

Problems with Hit-and-run Accidents

Being the victim of a hit-and-run accident can be a frustrating and overwhelming experience. The financial fallout, legal responsibilities and emotional burdens often fall entirely on the victim—especially if the driver who caused the wreck is never found.

• Driver Identification. Identifying the driver can be difficult because law enforcement may have limited evidence to track them down. Even if a suspect is found, proving liability can be complex—especially without eyewitnesses, surveillance footage or other evidence strong enough to build a case.
• Property Damage. A hit-and-run accident can leave you with thousands of dollars in vehicle repairs, often requiring you to pay out of pocket if the driver cannot be identified. Even if you have insurance, making a claim may raise your premiums. Without the at-fault driver’s information, victims can struggle to recover compensation for repairs, rental cars or replacement vehicles.
• Injuries and Medical Expenses. If you suffer injuries in a hit-and-run, the consequences can be even more severe. Without the other driver’s insurance to cover medical bills, you may be forced to rely on your own health insurance or uninsured motorist coverage—if you have it. Severe injuries can lead to costly surgeries, long-term rehabilitation and loss of income due to missed work. Some victims experience lasting physical issues and emotional trauma, including anxiety about driving again.
• Legal and Insurance Complications. Filing an insurance claim after a hit-and-run can be complicated. Many insurers require a police report, but even with that documentation, getting fair compensation is not always straightforward. Victims often face delays and difficulties in proving their claim—particularly if they have had difficulty in locating witnesses or surveillance footage to identify the fleeing driver.

For those left to deal with the aftermath, the financial and emotional toll can be significant. Without a responsible party to hold accountable, victims often feel a sense of injustice and uncertainty about their recovery. 

Without clear knowledge of Louisiana’s hit-and-run laws, victims may not fully understand their rights or the legal options available to them. However, knowing what steps to take and exploring legal support and insurance options can help mitigate some of these difficulties.

Steps to Take After a Hit-and-run in Louisiana

If you are the victim of a hit-and-run accident, taking certain actions can help to protect your rights, improve the chances of finding the responsible party and increase your ability to get appropriate compensation.

• Call 911 immediately. Report the accident to law enforcement, and request medical assistance if needed. You will need a police report to document the event. Even if injuries seem minor, seeking medical attention is crucial because some conditions may not be immediately apparent.
• Stay at the scene, and gather evidence. Take photos and videos of the accident site, your vehicle and any visible damages as well as skid marks and debris. If possible, write down details like the make, model and color of the vehicle as well as any portion of its license plate number.
• Speak to witnesses. Bystanders might have seen details that you may have missed. Collect their contact information, and ask if they would be willing to provide statements to law enforcement or insurance companies.
• File a police report. A police report is critical for insurance claims and any future legal action. Provide as much detail as possible, including any evidence or witness statements. You may have to go to the police station in person to request a copy of the report.
• Check for nearby surveillance cameras. Businesses, traffic intersections or residential properties may have cameras that captured the accident. If you suspect a camera recorded the event, ask property owners if they are willing to share the footage, or request police assistance in obtaining it.
• Notify your insurance company promptly. Report the incident to your insurer, and provide the police report number, photos and any witness information. If you have uninsured motorist coverage, it may help cover damages and medical expenses if the driver is not identified.
• Seek legal support. If you suffer injuries or significant property damage, consulting a lawyer experienced in hit-and-run cases can help you navigate the insurance claims process and explore legal options to recover compensation.

Taking swift and informed action after a hit-and-run can make a significant difference in protecting your rights and securing the support you need. Seeking out experienced legal support is an important part of that.

Getting the Best Hit-and-run Lawyer for Your Case

Navigating a hit-and-run case on your own can be overwhelming, but an experienced hit-and-run lawyer can provide the guidance and advocacy needed to protect your interests. From working with law enforcement to track down the responsible party to negotiating with insurance companies for fair compensation, legal support can make a significant difference in your case.

If you or a loved one has been the victim of a hit-and-run accident, you do not have to face the battle alone. Reach out to the qualified lawyers of Morrow, Morrow, Ryan, Bassett and Haik to explore your legal options and take the necessary steps toward securing the justice and compensation you deserve. Schedule your free consultation today.

Sources:

https://www.legis.la.gov/legis/law.aspx?d=78226#:~:text=%C2%A7100.,and%20to%20render%20reasonable%20aid
https://www.legis.la.gov/Legis/ViewDocument.aspx?d=1374620#:~:text=Present%20law%20requires%20an%20insurer,the%20insured%20rejects%20the%20coverage
https://www.autoinsurance.com/research/hit-and-run/
https://www.straccilaw.com/blog/hit-and-run-accidents-what-they-are-and-what-to-do-afterwards
https://www.experian.com/blogs/ask-experian/what-to-do-after-hit-and-run/
https://www.thezebra.com/resources/driving/what-to-do-after-a-hit-and-run/