Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
After a car accident, you may be shaken, confused, or unsure about what to do next. But leaving the scene can create serious legal problems, even if you did not cause the crash.
Louisiana law requires drivers involved in certain crashes to stop, provide information, and stay at the scene. Leaving without doing so can lead to criminal charges, fines, and even jail time.
So what happens if you leave an accident scene in Louisiana? The answer depends on what happened in the crash, whether anyone was injured, and why you left. A car collision lawyer in New Orleans can help you understand how the law applies to your situation.
Louisiana law requires drivers involved in an accident to stop, provide their information, and give reasonable help to anyone who is injured. Leaving without doing those things can lead to criminal charges, even if you were not the person who caused the accident.
Under La. R.S. 14:100, the penalty depends largely on what happened in the crash. A hit-and-run involving only property damage is a misdemeanor. When someone is injured or killed, it can become a felony.
For a property-damage-only crash, the penalty can be a fine of up to $500, up to six months in jail, or both.
If someone is injured or killed, the penalty can increase to a fine of up to $5,000, two to ten years in prison, or both. The law provides a higher five-to-twenty-year range in certain cases involving death or serious bodily injury and a qualifying prior conviction.
The exact charge matters, so it is important to look at the circumstances of the crash and your record rather than assume every hit-and-run is treated the same way.
If you are involved in a crash, stop and stay at the scene. Check whether anyone needs medical help and call 911. Also exchange your name, contact information, and insurance details with the other driver.
If it is safe, take photos of the vehicles and the scene and get contact information from any witnesses. Our guide on documenting the accident scene explains what to look for.
If you leave because of a medical emergency or because the scene is unsafe, report the crash to police as soon as you can.
Being charged does not mean you will be convicted. The facts of the case matter.
For example, you may have a defense if you genuinely did not know that a collision happened. A medical emergency or an immediate threat to your safety may also explain why you could not remain at the scene.
If you are facing a hit-and-run charge, it is best to speak with a lawyer before making detailed statements about what happened. The circumstances of your case will determine what defenses or other options may be available.
A conviction can have consequences beyond the fine or jail sentence. Depending on the charge, it may affect your driving privileges, insurance, employment, or professional licensing.
That is why it is important to take the charge seriously from the beginning rather than waiting to see what happens.
If another driver leaves you injured, the situation is different. You may be able to seek compensation from your own uninsured/underinsured motorist coverage if the driver is never found or does not have enough insurance.
Louisiana generally gives you two years from the date of injury to file a lawsuit for crashes on or after July 1, 2024, under La. Civ. Code art. 3493.1. You can also read our guide to Louisiana’s two-year filing deadline.
Yes. The duty to stop and provide information applies regardless of who caused the crash.
Report the crash as soon as possible and speak with a lawyer before making detailed statements about what happened.
Lack of knowledge may matter in a hit-and-run case. Whether it applies depends on the facts and what you reasonably knew at the time.
Report the crash, give police everything you know about the vehicle, and check your UM coverage. That coverage may help if the driver is never found.
It can. The consequences depend on the charge and the circumstances, so your specific case should be reviewed rather than assuming a particular outcome.
If you left an accident scene and are worried about what happens next, getting advice early can help you understand where you stand before making decisions that could affect your case.
If you were injured by a driver who fled, a lawyer can also help you look at the available evidence and your insurance coverage.
Charbonnet Law Firm has represented clients in New Orleans and throughout Louisiana for three generations. Call (504) 888-2227 for a free consultation or contact us to discuss your situation.
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.
