Why must drivers remain at the scene of an accident in Louisiana?
Baton Rouge, LA – There are laws in every state that require drivers to make contact with others involved in a car accident and at least complete a few basic steps before leaving. This is done to identify those involved, create a record of the collision, and ensure any injured people get help. Insurance companies also like to be notified of all accidents, as this information helps their overall risk assessment. In addition to these problems, a driver who is sued and leaves the scene will likely be considered at fault for the accident.
Louisiana’s leaving the scene of an accident laws
Louisiana has serious penalties for those who drive away from the scene illegally. The driver is automatically given a license suspension. If there are serious or fatal injuries to anyone involved in the collision, the driver who left the scene can possibly lose their license forever. Most leaving the scene of an accident cases can sentence the defendant to up to six months in jail and a fine of up to five hundred dollars.
In addition to penalties from the government, drivers may face additional consequences from their insurance company if they illegally leave an accident scene. Their premiums may be increased as they are considered a more high risk driver after a combination of an accident and leaving the scene. The insurance company may even choose to drop the person’s coverage altogether if they decide that the risk of covering the driver’s losses is too significant.
Suing a hit and run driver
Drivers who are negligent by leaving an accident scene can be served with civil lawsuits by the victims as well, even if there are also criminal charges. In most civil lawsuits, violation of a relevant traffic or criminal statute that results in harm to others will result in the doctrine of negligence per se being applied. This means that the jury can presume that the defendant breached their standard duty of care, and the plaintiff only needs to prove causation and damages. From a practical standpoint, this means that the defendant or their insurance company will likely have to settle the case because fault is obvious and juries are not sympathetic to hit and run drivers.
The particular damages paid out to the victim can vary greatly. The most important factor is the severity of the accident and how much money was lost due to medical treatment and missed time from work.
Louisiana accident attorneys
Personal injury lawsuits are important for accident victims to receive compensation for their expenses tied to an accident. Miller, Hampton, and Hilgendorf help people with these issues in the Baton Rouge area.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806