Hit-and-run accidents create confusion, stress, and real financial hardship. When another driver flees the scene, you face medical bills, vehicle repairs, and unanswered questions about who will pay for your losses. Understanding Louisiana law and knowing what to do next helps protect your health and your rights.
Here is a clear breakdown of the laws that apply, the steps to take after a crash, and how our team can support you even if the at-fault driver is never located.
Louisiana’s Hit-and-Run Laws Explained
What Louisiana RS 14:100 Requires
Louisiana RS 14:100 requires any driver involved in a crash to stop, provide identification, share necessary information, and give aid when needed. Leaving the scene violates the law. The statute applies to any crash involving injury or property damage, so even low-impact collisions require drivers to remain at the scene.
Penalties for Fleeing the Scene
Penalties vary by the severity of the crash. Here is a quick breakdown:
Property damage or non-serious injury:
A misdemeanor that may result in fines of up to $500 and up to six months in jail.
Death or serious bodily injury:
A felony punishable by a fine of up to $5,000 and imprisonment with or without hard labor for up to ten years. Louisiana law also requires a mandatory minimum sentence when death or serious bodily injury results.
Contributing factors:
Penalties may increase if the driver was under the influence of alcohol or drugs or has prior convictions for DUI or injuring a person with a vehicle.
These penalties show how seriously Louisiana treats drivers who flee after a crash.
Why Do Hit-and-Run Accidents Occur Often in Louisiana?
Hit-and-run crashes occur frequently in Louisiana for several reasons, including:
- High Uninsured Motorist Rates
Louisiana consistently reports one of the highest uninsured motorist rates in the country, an estimated 11.7% of drivers, according to the Insurance Information Institute.
Drivers without insurance often fear financial penalties and may flee the scene to avoid responsibility. This trend increases hit-and-run incidents statewide, especially in parishes with dense populations and aging road systems. - Congested and Complex Road Networks
Louisiana’s roadways often create conditions that lead to more frequent hit-and-run accidents. High-traffic corridors, such as I-10 through New Orleans and Baton Rouge, and I-12 across the Northshore, experience heavy congestion during peak hours. Busy city streets, narrow one-way roads, and limited visibility in historic districts, such as the Garden District, add to the problem.
In these areas, drivers may panic after a collision or believe they can leave the scene without being identified. - Road Conditions and Infrastructure Challenges
Louisiana roads frequently encounter issues such as uneven pavement, potholes, inadequate lighting, and ongoing construction.
Severe storms, flooding, and sudden traffic slowdowns also contribute to collisions. When a crash occurs under these conditions, an at-fault driver may choose to flee to avoid law enforcement, insurance claims, or the cost of repairs. - Population Density and Tourism Traffic
Tourists heavy cities like New Orleans and college towns like Baton Rouge attract millions of visitors each year. High visitor counts increase unfamiliar driving patterns, sudden lane changes, and congestion near hot spots like hotels, entertainment districts, and stadiums. These factors lead to more collisions, and some drivers flee because they are unfamiliar with the area or worried about legal consequences.
The bottom line: Louisiana’s combination of uninsured drivers, busy highways, road maintenance challenges, and high tourism activity creates an environment where hit-and-run accidents happen more often than in many other states. Understanding these factors provides victims with a clearer understanding of why such incidents occur and why prompt legal action is crucial.
What to Do After Hit-and-Run Accidents: Step-by-Step Guide
Victims who experience a hit-and-run crash in Louisiana must act quickly to protect their legal rights. Here’s a step-by-step guide to protect your safety and your claim.
1. Ensure Your Safety First
Before doing anything else, move to a safe location if possible. If you are on a busy roadway and your vehicle is drivable, pull to the shoulder or a nearby parking lot. Turn on your hazard lights and check yourself and passengers for injuries.
If anyone is hurt or if you’re on a busy roadway, such as I-10, remain in your vehicle with your seatbelt fastened until help arrives.
2. Call Law Enforcement Right Away
Call 911 or the local sheriff’s office immediately to report the crash. A police report matters because it not only documents the crash, but confirms the other driver fled and creates a record your attorney and insurance company will rely on. Cases without a police report are significantly more difficult to prove.
3. Seek Medical Care
Even if you feel fine, get evaluated by medics as soon as possible. Many injuries, like concussions or internal trauma, may not cause immediate symptoms. Prompt care protects your health and strengthens your claim. Insurance companies routinely argue that delayed treatment means an injury was minor or unrelated. Medical records establish the link between the accident and your injuries, which is needed for compensation.
4. Gather Evidence (If Safe to Do So)
Once you’ve ensured safety, call the police, address any immediate medical needs, and collect as much evidence as possible. While waiting for law enforcement, here is what to do:
- Photograph everything: Capture damage to your vehicle, the roadway, debris, traffic signs, skid marks, and the surrounding area. Even small details matter.
- Note vehicle details: Write down anything you remember about the fleeing vehicle, including make, model, color, license plate (even partial), direction of travel, and any distinguishing features like bumper stickers.
- Get witness information: Obtain names, phone numbers, and brief descriptions from anyone who saw what happened. Witnesses may have noticed details you missed.
- Look for surveillance cameras: Businesses, homes, and traffic intersections often have cameras that may have captured the incident. Note possible camera locations and inform the police, as surveillance footage can be big.
5. Notify Your Insurance Company
Contact your insurance company as soon as possible to report the crash, but be careful about what you say. Stick to the facts and avoid speculation about fault or the extent of your injuries.
Many Louisiana drivers carry Uninsured/Underinsured Motorist (UM/UIM) coverage that applies when the at-fault driver cannot be identified. An attorney can help you avoid statements that may harm your claim.
Can You Recover Compensation If the Driver is Never Found?
Many hit-and-run victims in Louisiana worry they cannot pursue compensation if the fleeing driver is never identified, but Louisiana law provides several options for financial recovery.
Your Uninsured/Underinsured Motorist (UM/UIM) Coverage
Even when the at-fault driver remains unknown, your own UM/UIM coverage may step in to cover your losses.
Property damage (vehicle repairs) coverage varies by UM/UIM policy. Some Louisiana policies include UM property damage, while others do not. If your policy excludes property damage under UM, you may need to rely on your collision coverage instead. An attorney can review your declarations page and explain your options.
If the Driver Is Identified Later
Whether through witness testimonies or video evidence, if law enforcement identifies the at-fault driver later, you may file a lawsuit. Louisiana Civil Code Article 3493.1 gives you two years from the accident date to bring a personal injury action, and missing this deadline prevents you from pursuing damages in court.
A lawsuit may allow you to seek compensation for economic losses and non-economic losses, including pain and suffering.
Common Mistakes to Avoid After a Hit-and-Run
Many hit-and-run Louisiana victims unknowingly damage their own cases through avoidable mistakes. Here are common mistakes that can weaken your case:
Delaying Medical Care
Even if you feel okay, always get checked by a doctor. Delays give insurance companies an argument that your injuries weren’t serious or weren’t caused by the accident.
Giving Recorded Statements Without Legal Advice
Insurance companies may contact you quickly to request a recorded statement. Politely decline until you’ve consulted with an attorney. These statements are designed to get you to say something that damages your claim.
Posting About Your Accident on Social Media
Insurance companies and defense attorneys routinely monitor social media for evidence to use against injury victims. Even innocent posts about your activities can be twisted to suggest your injuries aren’t as serious as you claim.
Accepting the First Settlement Offer
Initial settlement offers almost always undervalue your injuries. Insurance companies know that accident victims facing mounting bills are under financial pressure and may accept inadequate settlements out of desperation. Let an attorney review any offer before you accept it.
Waiting Too Long to Act
Time impacts evidence. Video footage can be overwritten, and witness memories fade. Paired with Louisiana’s two-year prescriptive period from the accident date, early action matters. The sooner you consult an attorney, the better your chances of building a strong case.
What Compensation Can You Recover?
If you’ve been injured in a hit-and-run accident in Louisiana, you may be entitled to recover damages for:
- Medical expenses: Past and future costs, including emergency care, surgery, hospitalization, physical therapy, medications, and assistive devices.
- Lost wages and income: Time missed from work and diminished earning capacity if your injuries prevent you from returning to your previous job.
- Pain and suffering: Compensation for physical pain and emotional distress you’ve endured.
- Property damage: Repair costs or the fair market value of your vehicle if totaled. It can also include any personal property damaged in the crash.
- Loss of enjoyment of life: If your injuries have permanently affected your ability to participate in activities you once loved.
Understanding Your UM/UIM Coverage: What You Need to Know
Because UM/UIM coverage is so important in Louisiana hit-and-run cases, here’s what you should review on your policy:
What UM/UIM Covers
UM/UIM typically covers bodily injury losses, including medical bills, lost income, and pain and suffering. Property damage coverage varies. Louisiana does not require property damage under UM/UIM by law, so policies differ by insurer.
How to Check Your Coverage
Look at your insurance declarations page, the document that outlines your policy limits and coverage types or call your insurance agent and specifically ask:
- Do I have UM/UIM coverage?
- What are my limits?
- Does my UM/UIM coverage include property damage?
- What deductible applies?
Understanding your coverage before an accident helps you prepare, saving you from stress and confusion.
Protecting Your Rights After a Hit-and-Run Accident in Louisiana
Understanding what to do after hit-and-run accidents protects your health and financial stability. The steps you take right after the crash can shape your ability to recover compensation. Here’s a quick recap:
- Louisiana RS 14:100 requires drivers to stop and stay at the scene, making fleeing the scene a serious crime with big penalties.
- You have two years from the accident date to file a lawsuit under Louisiana’s prescriptive period.
- UM/UIM coverage may cover your losses even if the driver is never found
- Property damage coverage under UM/UIM varies by policy—check your specific coverage.
- Louisiana’s high rate of uninsured drivers makes UM/UIM coverage especially important.
- Document everything and seek legal help early.
How Morris Bart Supports Hit-and-Run Victims in Louisiana
A hit-and-run claim requires quick actions and careful investigation, which can be overwhelming and difficult to navigate, especially when dealing with injuries, missed work, and mounting expenses. The attorneys at Morris Bart can help by:
- Collecting evidence: We work to locate surveillance footage, interview witnesses, and reconstruct the accident scene.
- Coordinating with law enforcement: We communicate with police departments and parish sheriff’s offices across Louisiana and monitor the investigation to ensure progress is made.
- Reviewing your policy: We help determine how your UM/UIM coverage applies, review your policy language, and clarify what’s covered.
- Negotiating with insurers: We negotiate with insurance companies for maximum compensation and push back against adjusters who try to minimize payouts.
- Filing a lawsuit: When necessary, we file lawsuits on your behalf and represent you through trial.
With decades of experience handling auto accident claims across Louisiana, from New Orleans and Metairie to Baton Rouge, Lafayette, Shreveport, and beyond, our firm knows how to build strong cases even when the at-fault driver cannot be found.
Contact Morris Bart for Help
If you or someone you love has been the victim of a hit-and-run accident in Louisiana, the attorneys at Morris Bart are here to help. We offer free consultations and will guide you through every step of the legal process.
Don’t let a fleeing driver rob you of the compensation you deserve. Whether the driver is found or not, you may still have options for recovery.
Call us today at 1-855-603-3766 for a free case evaluation.
Questions?Call (504)-613-4771
to find a Morris Bart office near you.
