Partner at Charbonnet Law Firm LLC
Practice Areas: Personal Injury
A hit-and-run can leave you with injuries, car damage, and no idea who caused the crash. You may not even have a license plate number or a way to contact the driver.
Louisiana law requires drivers involved in an accident to stop and exchange information. They may also need to help anyone who is injured. Leaving the scene can lead to criminal charges.
But the criminal case is only part of the picture. If you were hurt, you may also have a way to seek money for your losses. A Louisiana hit-and-run accident attorney can help you look at the facts, insurance coverage, and evidence in your case.
A hit-and-run happens when a driver involved in an accident leaves without meeting their legal duties. A driver may need to stop, provide their identifying and insurance information, and give reasonable help if someone is injured.
Hit-and-run accidents can involve property damage, serious injuries, or fatal crashes. The penalties depend on the type of accident and the harm caused.
Louisiana treats leaving an accident scene as a separate offense from causing the crash. A driver may face penalties for leaving even when the crash itself was not intentional.
A hit-and-run can lead to both a criminal case and a personal injury claim. Police may try to find the driver and investigate whether a crime was committed. At the same time, the injured person may need to deal with insurance or bring a civil claim.
If the driver is found, a claim may cover medical bills, lost income, vehicle repairs, pain and suffering, and other losses tied to the crash. A criminal case does not automatically pay these expenses. A separate insurance claim or lawsuit may still be needed.
Many victims worry that they have no options if police cannot identify the driver. Your uninsured motorist (UM) coverage may help in some hit-and-run cases. In Louisiana, uninsured and underinsured motorist coverage can provide protection when the at-fault driver has no insurance or cannot be identified.
Depending on your policy, this coverage may help with medical bills, lost wages, and other losses from your injuries. The amount you can recover will depend on your policy and the details of the accident.
Evidence can be especially important when the other driver is gone. A police report can record what happened. Medical records can show your injuries and treatment. Photos can document the damage to your vehicle and the accident scene.
Other useful evidence may include witness accounts, security footage, repair records, and anything that helps identify the vehicle.
A small detail can sometimes make a big difference. A partial plate number, vehicle description, or camera recording may help identify the driver.
If the driver is found, you may have the option to pursue compensation through a personal injury claim.
A lawsuit may seek damages for losses such as:
However, finding the driver is only one part of the process. The driver’s insurance coverage and financial situation may affect how much compensation can actually be recovered.
Punitive damages are not available in every personal injury case. They are intended to punish particularly harmful conduct rather than simply compensate the victim.
Louisiana allows punitive damages in certain situations. One example involves some crashes caused by intoxicated drivers under Louisiana Civil Code Article 2315.4.
They are not available in every hit-and-run case. The facts of the accident will determine whether this type of damage may apply.
Louisiana has deadlines for filing personal injury lawsuits. For many personal injury claims, the deadline is one year from the date of the accident. Missing that deadline can prevent you from bringing a claim.
Hit-and-run cases can take time because the driver may need to be identified and evidence collected. It is better to look into your legal options sooner rather than later.
Waiting can make a case harder to prove. Important records may be lost, footage may be erased, and witnesses may become harder to locate.
Louisiana penalties depend on the seriousness of the crash.
|
Situation |
Possible Consequences |
| Property damage accident | Criminal penalties may apply |
| Accident involving injuries | Increased penalties |
| Accident involving death | More serious felony consequences |
| Impaired driver leaving scene | Additional criminal consequences |
The driver’s criminal penalties are separate from your right to seek compensation for your losses.
Report the accident, seek medical attention if needed, document your losses, and notify your insurance company. These steps can help protect your ability to pursue compensation.
Possibly. Uninsured motorist coverage may provide compensation depending on your policy and the circumstances of the crash.
Not every hit-and-run is a felony. The charges depend on factors such as whether the accident involved injuries, death, or other serious circumstances.
You may be able to file a civil claim if the driver is found. A civil claim may allow you to seek compensation for accident-related losses.
A hit-and-run can make an already difficult accident harder to deal with. The driver may be gone, evidence may be limited, and insurance coverage may raise questions.
If you need clarity about your options after a hit-and-run, Charbonnet Law Firm, LLC offers guidance grounded in Louisiana law. Speaking with a New Orleans personal injury attorney can help you understand the next steps and what the process may look like.
You can reach out to us for a free consultation 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.
