Leaving the Scene or Hit and Run

hit and run
Hit-and-Run is the act of causing or being part of a traffic accident, whether it is with a person or an object, and failing to remain at the scene to identify oneself is a crime in most jurisdictions. Leaving the scene of an auto accident or Hit and Run is a very serious matter in the state of Louisiana.

There are things you should know:

First, if you are in an accident, do not leave the scene. But, if you feel that you must leave the scene for personal safety reasons, stop at the first, nearest location that you feel safe. Immediately call the police from that location.

If you left the scene, did not contact law enforcement and have now come to your senses, do so immediately. Contact an attorney before your contact the appropriate police or sheriff’s office.


The what constitutes the crime of Hit and Run varies from state to state. In Louisiana after an accident, all parties involved must follow certain steps; first each and every person involved in a traffic accident must identify themselves, exchange contact information and insurance policy information with all the parties involved in the accident.

If the accident involves great bodily injury or death, no one is not allowed to leave the scene prior to law enforcement arriving, except in an ambulance to receive urgent medical care. If the accident entails only minor damage and/or slight injury and everyone agrees who is at fault, the persons involved can exchange information, call their insurers from the spot and are free to leave. A SR_22 form, from the Louisiana Department of Public Safety then has to be filled out and filed.

If the accident involved unattended property, you are required to prominently and visibly leave your contact information. You should immediately call law enforcement and report the incident. When you are involved in an automobile accident in the state of Louisiana, you are required by law to move your vehicles out of the lanes of travel, if possible. You are also required to render help and aid to anyone who may be in need of it. This can include helping injured persons from their car, calling emergency services and having the cars towed out of traffic.


If the accident resulted in severe damage to the vehicles, leaving the scene will result in additional charges, because of the danger of vehicles left on public roads or highways. You could face serious legal consequences if you leave the scene of an accident. Further, if you leave the scene without rendering assistance to someone that was seriously injured or died, the penalties will greatly increase. If serious injuries occurred to any of those involved, leaving the scene of the accident can be considered leaving the scene of a crime and there can be significant additional legal consequences.


If the accident resulted in injury to or the death of a person, then the least of your problems will be the suspension or revocation of your license. Permanent revocation is a possibility. Even if no one was injured, you can still face a suspension of your driving privileges.


There is a mandatory suspension period for Hit and Run, which must be served in the state of Louisiana. Once this mandatory suspension period is completed, you must pay a $60 license reinstatement fee, on top of any additional fees owed for statutory requirements. Be aware that if you are charged with a Hit and Run in the state of Louisiana, it can adversely affect your insurance rates and you can be required to pay restitution to the victims if any injuries were sustained.


Call us, we can help you with a Leaving the Scene or Hit and Run Charges.


Even if the accident was not your fault, if you leave the scene of the accident without exchanging information and everyone agreeing who was at fault, you “may become liable” and in the event that a lawsuit is filled, you might end up owing a substantial amount of money to the other driver.


Call Regan & Sandhu, P.L.C., if you have been involved in a Hit and Run.


We can help you; Attorney Martin E. Regan, Jr. has over 36 years of criminal defense practice. Our attorneys are expertly qualified to assist you through this difficult situation.


We can present your side of what happened and why you felt compelled to leave..


Hit and Run Charge in Louisiana.


The charge of Hit and Run in Louisiana can either be a misdemeanor or a felony, depending on the facts alleged by the prosecutor on the case.

    • HIT AND RUN Driving — MISDEMEANOR

Hit and Run is usually charged as a misdemeanor with a sentence that carries 0-6 months in jail and a fine of up to $500. However, if the prosecutor can prove that the driver consumed drugs or alcohol before the accident, the consumption of the drugs and/or alcohol had a significant contribution to the accident, and the driver knew that by leaving the scene he would avoid getting in trouble, the defendant could be looking at a mandatory 10 days in jail.

    • HIT AND RUN Driving — FELONY

Felony Hit and Run can be charged when facts support that death or serious bodily injury has occurred due to the accident and the driver knew or should have known about such injury. This charge carries a fine of up to $5000 and imprisonment of up to 10 years. This is a very serious charge especially since there may exist a victim’s family that is pursuing the charge.

    • Penalty for Injury

No more than $500 fine AND/OR no more than Six Months imprisonment.

    • Penalty for Death

Death or serious bodily injury: Maximum fine up to $5,000 AND/OR maximum imprisonment of no more than 10 years.

    • Penalty for Damage to Vehicle Driven/Attended by Person

No more than $500 fine AND/OR no more than Six Months imprisonment.

    • Penalty for Striking Unattended Vehicle

No more than $500 fine AND/OR no more than 6 Months imprisonment.


Remember, the information we are providing here is not intended as legal advice; each case is different. Instead, we seek to provide you with a general idea of what happens in the often complicated legal process.


Free Consultation

Contact Regan & Sandhu, P.L.C. for a Free Evaluation of your case. Call us at:

(504) 522-7260

(800) 798-5019

About Martin E. Regan, Jr.

Year after year, Martin E. Regan Jr., the firm’s senior partner, has dedicated tireless efforts on behalf of the accused and produce wins for clients that a less determined advocate would have thought hopeless.  Martin E. Regan Jr.’s ability to tackle and win tough criminal cases has resulted in verdicts of acquittal in many highly publicized trials.