In Louisiana, you can only leave the scene of a car accident after stopping and completing the duties required by law. While your exact requirements will vary depending on the severity of the crash, these duties usually include pulling over, providing your vehicle information, reporting the crash to law enforcement, and offering reasonable aid to anyone who is injured.
Even if your crash only involved minor property damage, drivers have to at least pull over. Failing to follow these laws can turn your case into a hit-and-run and lead to serious penalties. If there is some reason you have to leave the scene, you should call 911, report the incident, provide your personal information, and explain why you are leaving the scene.
What Steps Must You Take Before Leaving the Scene?
Based on the severity of your crash, drivers involved in an accident have obligations under Louisiana law.
These obligations include:
- No injury or property damage: Drivers do not have any obligations because Louisiana’s hit-and-run statute defines an “accident” as an incident causing property damage or personal injury.
- Property damage or injury: The driver must stop, provide identifying information, and render reasonable aid when needed.
- Injury, death, or more than $500 in property damage: The driver must also immediately report the crash to the appropriate Louisiana law enforcement agency.
When Can a Driver Legally Leave the Scene of a Louisiana Car Accident?
A driver cannot legally leave the scene of an accident until after they’ve fulfilled the duties required by Louisiana law requiring them to exchange information and provide assistance. Even if an accident appears to be minor, sometimes, due to shock and adrenaline, there can be a delayed onset of injuries. Additionally, property damage may not be immediately apparent. Leaving without completing your legal duties could result in hit-and-run allegations.
What Are the Consequences of Leaving the Scene of an Accident in Louisiana?
Under Louisiana Revised Statutes § 14:100, intentionally leaving the scene of a car accident without stopping, providing identification, or rendering reasonable aid could constitute hit-and-run driving. The criminal penalties depend on the harm caused and other facts. For example, a hit-and-run with only property damage or minor injuries can result in a fine of up to $500, six months in jail, or both.
However, in hit-and-run cases involving serious injury or death, penalties can result in a fine up to $5,000, two to 10 years in prison, or both, with a mandatory two years without parole, probation, or suspension. In alcohol- or drug-related cases, sentences could include 10 days to six months in jail and a fine up to $500. Any prior convictions can increase the penalties for these charges, resulting in five to 20 years in jail.
Can You Leave the Scene of an Accident if You Are Injured?
Louisiana law does not provide an exception to the hit-and-run laws for injury. If you need medical treatment, you are not automatically excused from the law’s accident-scene requirements. However, a genuine medical emergency could affect whether the driver intentionally failed to stop, provide identification, or render reasonable aid.
If you are aware that you are injured and must leave immediately for treatment, call 911 and tell the dispatcher where you are going and provide your identifying details. When you can, report the collision, provide the required identifying information, and complete any of your remaining duties.
What Should You Do if the Other Driver Flees the Scene of an Accident?
If the other driver flees the scene, do not chase them. Move to a safe location, call 911, and tell the dispatcher the other vehicle involved in the crash left the scene. Provide any details you remember, including the car’s license plate number, make, model, color, damage, and direction of travel.
If you are able, collect as much evidence at the scene as possible, such as:
- Photos: Take photos of the scene, vehicle damage, debris, skid marks, and visible injuries.
- Witnesses: Ask witnesses for their names and contact information.
- Make notes: Write down what you remember about the driver and vehicle.
- Look for cameras: Check whether nearby homes or businesses have surveillance or doorbell-camera footage.
- Keep documents: Save your medical records, repair estimates, towing bills, and other related documents.
If the police cannot identify the driver, you may still be able to file a claim through your own uninsured motorist coverage. Your Louisiana car accident lawyer can further explain your insurance coverage options.
Consult a Louisiana Hit-And-Run Attorney Today
Hit-and-runs are often complex cases. It is difficult to pursue a claim when the at-fault party is not immediately identified.
At Shamieh Law, our compassionate Lake Charles car accident attorneys offer free initial case evaluations and consultations. To schedule your free appointment, contact us today through our website or by calling 337-435-8071.