John W. Redmann | April 17, 2025 | Car Accidents
Being involved in a hit and run accident can have serious legal consequences in Louisiana. Whether you’re the victim or the driver who left the scene of the car accident, it’s important to understand the law and the timeline the state allows for bringing criminal charges. Additionally, there could be civil consequences after a hit and run.
Understanding Hit and Run Laws in Louisiana
Louisiana law requires anyone involved in a motor vehicle accident to stop and remain at the scene to provide assistance and exchange information. Failure to do so is considered a hit and run, which is a criminal offense. Louisiana defines a hit and run as an intentional failure of a driver to stop their vehicle after an accident, provide their identity, and render reasonable aid.
The penalties after a hit and run charge depend on the circumstances. If there are no injuries or property damage, the charge may be classified as a misdemeanor, punishable by up to six months of incarceration and $500 in fines. However, if someone is seriously injured or killed, the offense becomes a felony, punishable by up to 10 years imprisonment and $5,000 in fines.
A hit and run driver can also face civil consequences, regardless of whether they are criminally charged. Louisiana allows accident victims to file a personal injury claim against the at-fault driver (if they are identified). An injury claim allows a victim to sue to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
Statute of Limitations for Hit and Run Charges in Louisiana
In Louisiana, the statute of limitations determines how long law enforcement and prosecutors have to file criminal charges after a hit and run. The time limit depends on whether the offense is considered a misdemeanor or a felony.
- Misdemeanor Hit and Run: For minor accidents with no injuries, the state has two years from the date of the incident to bring charges.
- Felony Hit and Run: If the accident resulted in serious injury or death, it may be prosecuted as a felony. In this case, the statute of limitations is typically between four and six years, depending on the circumstances.
However, it’s important to note that exceptions may apply, especially if the driver’s identity is unknown or if the suspect flees the state. In some cases, the statute of limitations can be tolled (paused) until the defendant is located.
Statute of Limitations in Personal Injury Cases
If you were injured in a hit and run accident, you may have legal options. If the driver is located, you may be able to file an injury lawsuit to recover economic and non-economic compensation from the driver. If the driver hasn’t been identified, you may be able to file an injury claim with your uninsured motorist (UM) coverage if the at-fault party is unknown or uninsured.
Personal injury lawsuits are subject to a statute of limitations. Generally, you will have two years from the date of the accident to file a lawsuit. Wrongful death cases have a one-year deadline. If you miss the deadline, you will likely be barred from recovering compensation in court.
Contact the Metairie Car Accident Lawyers of The Law Office of John W. Redmann, LLC for Help Today
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our car accident attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
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