james

Partner at Charbonnet Law Firm LLC

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

Parking garage hit-and-runs occur with alarming frequency, frequently leaving victims disoriented and uncertain about how to proceed. At Charbonnet Law Firm, we know the challenges you might face with these incidents in Louisiana. The enclosed nature of parking garages can complicate evidence gathering, while the absence of the responsible party adds another layer of complexity.

However, victims have rights and options. In this article, we’ll guide you through the crucial steps to take immediately after a hit-and-run in a parking garage, explain how to protect your legal interests and discuss the potential for compensation. Our experienced team is here to help you navigate this difficult situation and pursue justice.

Immediate Steps to Take

1. Ensure Your Safety

Your well-being is the top priority. If you’re injured, stay in your vehicle and call for medical help. If you can move safely, get to a secure area within the parking garage.

2. Call the Police

Report the incident to law enforcement immediately. Fleeing an accident scene in Louisiana is illegal. A police report is vital for insurance claims and potential lawsuits.

3. Gather Information

  • Write down everything you remember about the incident while it’s fresh in your mind.
  • Note the exact time and location within the parking garage.
  • If you see the other vehicle, jot down its color, make, model, and any part of the license plate you see.
  • Look for paint transfers or debris that might have come from the other vehicle.

4. Find Witnesses

Look around for anyone who might have seen the accident. Get their contact information and ask if they’d be willing to provide a statement to the police.

5. Document the Scene

Use your smartphone to take photos and videos of:

  • Damage to your vehicle
  • The accident location
  • Any skid marks or debris
  • Your injuries, if visible

6. Check for Surveillance Cameras

Parking garages often have security cameras. Note any cameras you see that might have captured the incident. The police can request this footage, which could be crucial in identifying the hit-and-run driver.

Next Steps

1. Timely Insurance Update

Let your insurance provider know about the incident right away. Be honest and provide all the details you’ve gathered. If you have uninsured motorist coverage, it may help cover your damages in a hit-and-run situation.

2. Seek Medical Attention

See a doctor even if you don’t think you’re seriously hurt. Certain injuries, such as whiplash, often have delayed onset and may not be immediately noticeable. Prompt medical attention creates a record linking your injuries to the accident.

3. Keep Detailed Records

Start a file to organize all accident-related documents:

  • Police report
  • Medical records and bills
  • Repair estimates
  • Correspondence with your insurance company
  • Notes about missed work or other accident-related expenses

Louisiana Hit-and-Run Laws

Understanding Louisiana Hit-and-Run Laws

Louisiana treats hit-and-run offenses seriously, with penalties varying based on the accident’s severity:

Misdemeanor Hit-and-Run

If the accident caused no serious bodily harm, penalties may include:

  • Up to 6 months in prison
  • Fines up to $500
  • Or both

Felony Hit-and-Run

In cases of severe injury or death, penalties are much harsher:

  • Up to 10 years in prison
  • Fines up to $5,000
  • Or both

It’s important to note that these are criminal penalties. Civil liability for damages is a separate matter that we at Charbonnet Law Firm can help you pursue.

How a Hit-and-Run Affects Your Claim

A hit-and-run complicates your accident claim, but it doesn’t mean you’re out of options:

1. Uninsured Motorist Protection

This valuable policy provision can be your financial safeguard, covering losses when the responsible driver remains unidentified or lacks insurance. It acts as a safety net, ensuring you’re not left bearing the burden of damages caused by others’ negligence.

2. Proving Negligence

Proving the other driver’s negligence is crucial in any accident claim. In a hit-and-run, the very act of fleeing the scene can be used to demonstrate Negligence.

3. Comparative Fault

Under Louisiana’s pure comparative fault system, you retain the right to seek compensation even if you bear some responsibility for the accident. Your potential recovery isn’t eliminated by partial fault but is proportionally adjusted based on your degree of responsibility for the incident.

4. Potential for Punitive Damages

If we successfully identify the hit-and-run driver and their actions were especially egregious, we may pursue compensation for your losses and punitive damages to hold them fully accountable for their reckless behavior.

Uninsured Motorist Protection

How Charbonnet Law Firm Can Help

In the wake of a hit-and-run incident, you may find yourself facing a maze of legal complexities and emotional stress.

Here’s how we can assist:

1. Investigation

We’ll work with law enforcement and use our resources to identify the hit-and-run driver. This might include:

  • Reviewing surveillance footage
  • Interviewing witnesses
  • Checking body shops for vehicles matching the description of the one that hit you

2. Building Your Case

Our skilled attorneys will meticulously collect and scrutinize all pertinent evidence, crafting a compelling case to maximize your chances of success, whether we’re negotiating with insurers or taking legal action against the responsible party.

3. Negotiating with Insurance Companies

Insurance companies often try to minimize payouts. We’ll handle all communications and negotiations to ensure you receive fair compensation.

4. Representing You in Court

We’re prepared to take your case to court to fight for your deserved compensation if necessary.

5. Advising on All Legal Matters

Our experienced attorneys will navigate the complex legal landscape with you, breaking down each process phase and ensuring you fully understand your rights and choices at every turn.

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Preventing Future Incidents

While you can’t control others’ actions, you can implement several strategies to minimize your chances of being involved in a parking garage accident:

  • Choose well-lit parking spots near security cameras when possible.
  • Be extra cautious when backing out of parking spaces.
  • Consider installing a dashcam that activates when your car is bumped.
  • Always look around your vehicle before leaving to check for any new damage.

Conclusion

Being the victim of a hit-and-run accident in a parking garage can be a frustrating and stressful experience. Remember, you’re not alone in this situation. Our lawyers have extensive experience handling hit-and-run cases in Louisiana. Our team recognizes the complexities of these cases and is dedicated to guiding you through the legal maze while fighting for your rightful compensation.

Don’t hesitate to contact us if you’ve been involved in a hit-and-run accident. We offer free consultations to discuss your case and explain your options. We also bring decades of experience, unwavering dedication, and a personalized approach to each case, ensuring you have a powerful advocate throughout this challenging process.

Remember, time is often critical in hit-and-run cases. The sooner you act, the better chance we have of gathering crucial evidence and building a strong case. Contact Charbonnet Law Firm today, and let us put our expertise to work for you.

Local Resources

  • New Orleans Police Department (NOPD) – Reporting Accidents: The NOPD provides guidance on how to report accidents, including hit-and-runs, and what information is needed for filing a report. Visit the NOPD site .
  • Louisiana Department of Insurance – Consumer Resources: This site offers information on how insurance works in Louisiana, including what to do after an accident involving an uninsured or hit-and-run driver. Explore the Louisiana DOI .
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