Being in a car accident is one of the most stressful experiences you may ever face. In the immediate aftermath, you must navigate emotional shock, seek medical treatment, and handle vehicle repairs or replacement—all while dealing with the financial strain of the collision. Insurance exists to help ease this burden, especially when a driver is at fault, which is why exchanging insurance information is a legal requirement.
Unfortunately, some drivers attempt to evade responsibility by fleeing the scene, leaving victims to handle the consequences alone. Hit-and-run accidents are illegal in Lafayette, and if you have been affected by one, our dedicated car accident attorneys at Tomeny | Best are here to help you explore your legal options and seek the justice you deserve.
What To Do if the Other Driver Leaves
Watching the other driver speed away after an accident could leave you feeling helpless and confused, but there are various ways to protect yourself and potentially help find the fleeing motorist. If possible, you should try to remember or write down their vehicle’s make, model, color, body type, and accessories. Even a partial license plate number could be helpful.
Providing information about weather conditions during the collision and its date, time, and location as well as gathering eyewitnesses could potentially help law enforcement find surveillance footage of the crash from surrounding businesses or door cameras.
Depending on the severity of any injuries they inflict on you, the driver who flees your crash scene in Lafayette could face misdemeanor or felony charges that could result in fines and jail time. Despite these criminal penalties, you will be left to deal with expenses from your injuries and property damage. An experienced lawyer could support and guide you in seeking compensation with a civil action.
Legal Rights for Hit and Run Victims
A hit and run is considered a crime, and the state may file a case against the driver in criminal court. This case would be separate from the action the victim may bring against the driver or their insurance company in civil court.
The potential criminal penalties are also separate from the compensation the victim could possibly recover in a civil case. This could include special damages to cover hospital bills, medical treatment, lost wages, and vehicle repair or replacement costs. Victims may also be eligible for general damages for their emotional distress, pain, and suffering. In rare instances, if the hit and run driver’s actions were particularly egregious and the court wants to deter future behavior, it may also award punitive damages.
Like other states, Louisiana has a time limit on when a civil action must be filed in court, which is known as the statute of limitations. This limit had been one year from the date of an accident but was extended to two years on July 1, 2024.
While the state will handle any criminal action against the other driver in your Lafayette hit and run collision, you must take control of your own civil case. This is a complicated process, especially immediately after the crash, when you have very little information about the other motorist. An attorney could help you by taking responsibility for gathering evidence and filing your claim.
Contact a Lafayette Lawyer After a Hit and Run Auto Wreck
Hit and run car accidents in Lafayette unfairly leave injured motorists to deal with the aftermath of a wreck by themselves. If you find yourself in this position, talk to one of our devoted attorneys at Tomeny | Best.
You may be able to recover compensation for your injuries, and your chance of success is greater with a lawyer by your side. Contact Tomeny | Best today to schedule a free consultation and discuss your situation.
