In Louisiana, a hit-and-run car accident is defined as an incident in which a driver involved in a collision with another vehicle, a pedestrian, or property flees the scene without stopping to provide their contact information and insurance details, or to offer aid to anyone who may be injured. A Louisiana personal injury lawyer can help you understand your rights and options if you are involved in such an incident.
Louisiana state law requires all drivers involved in an accident to stop at the scene, exchange information with the other party, and report the incident to the police, especially if there is significant damage or injuries. Failure to comply with these requirements constitutes a hit and run, which is a criminal offense in Louisiana, subject to severe penalties including fines and imprisonment.
What is a Hit and Run Accident?
A hit-and-run accident is an event where a driver collides with a pedestrian, another vehicle, or a stationary object and then leaves the scene without providing contact information or offering assistance.
This type of incident is illegal and carries severe penalties, as it demonstrates a disregard for the law and the well-being of others.
Victims of hit-and-run accidents may suffer physical injuries, emotional trauma, and financial burdens due to property damage and medical expenses.
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FREE Confidential Case Review (985) 441-3448Immediate Steps to Take After a Hit-and-Run Accident
Experiencing a hit-and-run accident can be unnerving, but it’s important to act swiftly and thoughtfully to safeguard your interests. Here are key steps you should take immediately following the incident:
- Remain Calm
- Move to a Safe Location
- Check for injuries and seek immediate medical attention.
- Call 911
- Gather Evidence
- License plate number of the at-fault vehicle, if possible
- Other vehicle’s make, model, and color
- Description of damage to the other vehicle (take photos if possible)
- Which direction the other vehicle was headed
- Photos of the damage to your vehicle Location, date, time, and cause of the accident
- Photos and video of the location of the accident
- Note any traffic cameras or surveillance cameras present on nearby businesses
- Look for Witnesses
- Gather their names and contact information
- Ask them to give a statement to the police
- Do NOT Follow the Other Driver Avoid chasing after the driver who flees the scene.
Remember, promptly taking these steps can not only ensure your safety but also enhance your chances of resolving the situation favorably.
Why You Should Not Follow the Driver of the Other Vehicle
Departing from the scene of an accident may compromise your position, potentially causing you to miss valuable eyewitness testimonies. Additionally, this action might lead to confusion over who is at fault, as police evaluate the circumstances. Moreover, pursuing the fleeing driver increases the risk of further accidents or exposing yourself to danger, especially without knowing the other driver’s state of mind or intentions.
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FREE Confidential Case Review (985) 441-3448Legal Steps to Follow After a Hit and Run in Metairie, LA
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Report the Accident to the Police
Immediately after a hit-and-run incident, it’s essential to call the police and file a police report, providing detailed information about the event. Contacting the police immediately sets a legal record of the incident. This report is a crucial piece of evidence, as it officially documents the occurrence. Provide them with all the information and evidence you’ve gathered. A police report is indispensable when you file an insurance claim.
The police may also conduct their own investigation, gathering evidence and witness statements that can support your account of the incident.
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Notify Your Insurance Company
Inform your insurer about the accident as soon as possible.When you report the incident to your insurance company, understand that they will require evidence of the hit and run to process your claim.
Evidence can include witness testimonies—either from bystanders or passengers in your vehicle—or any physical proof of another vehicle’s impact. This step ensures that the insurance company can differentiate between a hit-and-run claim and other types of accidents, like colliding with a stationary object.
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Discuss Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage can be a critical component in hit-and-run cases, providing you with financial protection when the at-fault driver cannot be identified or lacks auto insurance.
It’s important to discuss the details of your UM coverage with your insurance provider to understand how it applies to a hit-and-run scenario and what evidence is needed to support your claim. Understanding your coverage terms is vital for managing the aftermath effectively.
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Consult with a Personal Injury Attorney
Navigating the aftermath of a hit-and-run can be complex, involving legal and insurance claims processes that may be difficult to manage on your own.
Consulting with a Metairie personal injury lawyer can help you understand your rights and the steps you need to take to pursue compensation. An accident attorney can offer strategic advice and help steer the complex processes involving insurance and potential litigation.
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FREE Confidential Case Review (985) 441-3448How Can a Personal Injury Attorney Help?
Hiring a personal injury attorney for a hit-and-run case offers several benefits.
An experienced attorney can guide you through the legal process, ensuring that all necessary evidence is collected and presented effectively.
After a hit-and-run accident, a lawyer can be instrumental in obtaining crucial evidence from local businesses and cameras, helping to identify the driver and strengthen a claim. Here are the key ways a lawyer can assist:
1. Sending Preservation Letters
A lawyer can send formal “preservation letters” to businesses or entities that may have relevant surveillance footage. These letters request that they retain any video or data that could be evidence in the case. Businesses often have a limited retention period for footage, so quick action is essential.
2. Subpoenas
If a business is uncooperative or if evidence is not voluntarily provided, a lawyer can issue a subpoena. This legal tool compels businesses to turn over the footage or other evidence, such as receipts or credit card records, that might help in identifying the hit-and-run driver.
3. Collaboration with Law Enforcement
Lawyers often work closely with law enforcement to gather police reports, witness statements, and other evidence collected by authorities. This collaboration can help ensure that all avenues of investigation are pursued, including accessing traffic cameras or street-level surveillance in the area of the accident.
4. Witness Interviews
Lawyers can track down and interview witnesses, particularly employees or patrons of local businesses who may have seen the accident or have additional insights. They can also request any cell phone footage or photos that individuals may have captured at the scene.
5. Expert Assistance
In some cases, lawyers work with private investigators who have the skills and resources to locate additional camera footage or evidence from nearby businesses or public areas.
6. Reviewing Public Camera Systems
In cities or towns with public traffic or security camera systems, lawyers can request access to footage that may have captured the accident or the fleeing vehicle.
Through these methods, a lawyer can gather crucial evidence to help track down the hit-and-run driver and support the victim’s claim for damages.
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FREE Confidential Case Review (985) 441-3448Maximizing Your Compensation After a Hit-and-Run: How an Attorney Can Help You Navigate the Complex Legal Process
A personal injury attorney plays a crucial role in navigating the complex process of insurance claims and negotiations after a hit-and-run accident, ensuring that victims receive fair compensation for their losses. They have the expertise to conduct thorough investigations into the accident, utilizing resources to identify the at-fault driver and gather evidence to support the victim’s claim.
By pursuing comprehensive compensation, the attorney aims to cover not only immediate medical expenses but also long-term damages and injuries that may not be apparent initially. They can also negotiate with insurance companies on your behalf and, if necessary, represent you in court to secure the compensation you deserve for injuries, damages, and other losses resulting from the accident.
A personal injury attorney’s knowledge and experience are invaluable in securing the rightful compensation for victims, relieving them of the burden of dealing with insurance companies and legal hurdles on their own.
What Compensation Can I Receive From a Hit-and-Run Accident in Louisiana?
In the aftermath of a hit-and-run accident, victims are entitled to compensation that can cover a wide range of losses. This includes reimbursement for medical bills incurred due to injuries sustained in the accident, compensation for wages lost if the injuries prevent the victim from working, and a monetary award for pain and suffering to address the physical discomfort and emotional distress experienced.
Each of these components is crucial in ensuring that the victim’s financial and emotional well-being is restored to the fullest extent possible following the incident.
The severity of injuries significantly influences compensation amounts, with more severe injuries potentially garnering much higher financial compensation. Insurance companies tend to award more money if the injury requires treatment for a longer period of time. A severe and painful injury that resolved after 1 month will generally not be awarded as much as a seemingly “more minor” but lingering injury that requires treatment for a longer period of time.
How do I know whether the insurance company offered me a fair settlement?
Assessing whether an insurance settlement offer is fair can often be complex, but having the right tools and knowledge can simplify the process. Here’s a concise guide:
Understand Your Rights and Benefits
Firstly, gaining a solid understanding of your policy details and the extent of your coverage is crucial. This knowledge forms the baseline of what you are entitled to under the terms of your insurance contract.
Evaluate Your Damages
Next, accurately assess all damages related to your case, including medical expenses, lost wages, and pain and suffering. It’s important to factor in both immediate and potential future expenses.
Consult Legal Expertise
Considering the intricacies involved in insurance claims, consulting with an expert can be beneficial. Legal professionals who specialize in insurance claims can offer valuable insight into the adequacy of a settlement offer. They have the experience to evaluate whether your compensation covers all aspects of your claim adequately.
Comparison with Similar Cases
Additionally, comparing your offer to settlements in similar cases can provide a benchmark. Although every situation is unique, understanding standard practices and outcomes in comparable scenarios can help gauge fairness.
Negotiate if Necessary
If your assessment and consultations suggest that the offer may be insufficient, don’t hesitate to negotiate. With a clear understanding of your claim’s value and expert advice, you have a solid ground to advocate for a more favorable settlement.
By following these steps, you equip yourself with the necessary tools to determine if an insurance company’s settlement proposal matches the real value of your claim.
What if the hit-and-run driver is not found?
If the hit-and-run driver remains unidentified, victims still have recourse through their own uninsured motorist (UM) insurance coverage. This type of coverage is specifically designed to protect individuals in situations where the at-fault driver is either uninsured or cannot be located, ensuring that victims can receive compensation for medical expenses, lost wages, and pain and suffering.
By making a claim against their UM coverage, victims can secure financial support to aid in their recovery, even in the absence of the responsible party.
How long do I have to file a claim in Louisiana?
In Louisiana, individuals have a limited window to file a personal injury claim, with the statute of limitations set at two years from the date of the accident, but in some cases, it is only one year.
This means that victims must initiate legal proceedings within this timeframe to seek compensation for their injuries and losses.
Can I still receive compensation if I am partially at fault?
In Louisiana, you can still receive compensation even if you were partially at fault for the accident, thanks to the state’s comparative fault law. This law allows for the reduction of your compensation based on the percentage of fault attributed to you.
For instance, if you are found to be 30% responsible for the incident, your compensation will be reduced by 30%, enabling you to still recover 70% of the damages assessed.
How can LJBLegal help?
If you’ve been the victim of a hit-and-run, the clock is already ticking.
Evidence crucial to your case can quickly disappear or become harder to obtain, making immediate action essential.
Don’t let the opportunity for justice and compensation slip through your fingers. Contact us today to schedule a free consultation with our experienced Louisiana car accident lawyers.
We’re here to help you navigate the complexities of your case, ensuring that every piece of evidence is meticulously gathered and your rights are vigorously defended. Call us today at 985-240-9773.
