Hit-and-run accidents happen throughout Louisiana, especially in New Orleans which has been named as the most dangerous area statewide for these types of collisions. Between 2017 and 2021 alone, there were 22 fatal incidents involving hit-and-run drivers, and an estimated 9.52% of accidents in the area saw a driver fleeing the scene.
When a hit-and-run occurs, accident victims need to get legal advice to understand what their options are. Anderson Blanda & Saltzman can help. Our firm has experience fighting against large insurance companies and navigating complicated legal cases as we have represented over 10,000 plaintiffs and bring 100 years of combined legal experience to the table.
To learn more about how our Lafayette personal injury lawyers can represent you, give us a call at (337) 233-3366. You can schedule a free consultation with a Lafayette hit-and-run accident attorney and get a trusted advocate working on your claim from day one.
What is a Hit-and-Run Accident?
Louisiana Code Section 100 defines hit-and-run driving as “the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.”
This statute makes hit-and-run a criminal offense with the consequences varying based on the circumstances:
- It carries a penalty of up to $500 in fines and 10 days to six months in prison if there’s evidence the driver was intoxicated and didn’t stop at the crash scene.
- If a driver committed a hit-and-run when death or serious bodily injury resulted, and the driver knew or should have known about the harm, then the driver can be fined up to $5,000 and imprisoned for up to 10 years.
- If death or serious bodily injury results, the driver leaves despite the fact he knew or should know of the risks, and the driver had been convicted of similar prior offenses, the driver could face a minimum of five years imprisonment and a maximum of up to 20 years of incarceration.
Police will generally investigate hit-and-run accidents to try to find the at-fault driver, especially if there’s reason to suspect intoxication or if anyone was badly hurt in the crash. Unfortunately, despite the best efforts of law enforcement officials, the driver is not always found once they leave the scene of the accident.
Who Provides Compensation After a Hit and Run?
Louisiana follows fault laws, which entitle crash victims to pursue a legal claim against a driver who was careless or who broke the rules of the road and who caused an accident through their failures.
The problem is that when a driver causes an accident and then leaves the scene of the collision, it’s effectively impossible for the injured victim to take legal action against that motorist. Crash victims won’t know who the at-fault motorist is, so can’t pursue compensation from their insurer or from the individual directly.
Ideally, the police will investigate the case and will be able to find the driver who violated Louisiana law and left the crash scene. If that’s the case, then the victims of the crash will have someone to take legal action against after all. The problem, however, is that there’s a good chance the driver who fled the scene will either have no auto insurance or will have too little coverage.
One of the reasons people leave a crash scene is because they are uninsured. Without auto insurance in place to pay damages, those hit-and-run drivers may not have the money or assets to compensate victims for the harm they endured. In these situations, if you or someone you love was hurt or killed in a crash and you sue the hit-and-run driver, you might be able to get a judgment but not necessarily collect it if the defendants can’t pay.
When this happens, the drivers who caused the crash and fled the scene are sometimes called “judgment proof” since even if you win your case you can’t collect on the judgment.
Uninsured or Underinsured Motorist Coverage Could Pay for Losses
There is some good news for hit-and-run accident victims who either cannot find the at-fault driver or who can’t collect from that driver because of a lack of assets.
Uninsured and underinsured motorist coverage is the default for Louisiana auto insurance policies unless you expressly opt out when you buy insurance. This means many motorists have coverage in place that stands in for the at-fault driver when that driver has too little insurance or none at all.
These types of coverage can apply in hit-and-run cases, so those who are victimized by a driver who flees the scene can often turn to their own insurer for compensation. They’ll be able to collect damages they should have received from the hit-and-run driver, up to the policy limits on their uninsured motorist coverage.
Drivers do need to understand when and how to pursue these claims with their insurer, though, and must also make sure that they understand how to receive the maximum compensation available to them given the nature and extent of their injuries.
How can a Lafayette Hit and Run Accident Lawyer Help You
A Lafayette hit-and-run accident lawyer at Anderson Blanda & Saltzman can provide assistance to crash victims after a collision where the other driver leaves the scene.
Our Lafayette car accident attorneys will help you to determine if you can pursue a case against the responsible driver if the police find them after they flee. We can also help you navigate the process of dealing with your own insurance company and making sure you get the full amount of money you deserve for your crash-related losses.
You can give us a call at (337) 233-3366 to schedule your free consultation and find out about how our firm can help you. You don’t pay fees for legal services with our firm unless you win, and you’ll benefit from our decades of experience in standing up to big-name insurance companies and making them pay.
Don’t leave money on the table after a hit-and-run. Reach out as soon as possible to get a tough and knowledgeable advocate working for you from day one.