Louisiana Hit and Run Laws: Penalties and What to Do
Quick Summary
- Governing statute: Louisiana Revised Statutes 14:100 (Hit and Run Driving)
- Felony threshold: Accidents resulting in death or serious bodily injury
- Maximum felony penalty: 2 to 10 years imprisonment with hard labor, plus up to $5,000 fine (as amended by Acts 2025, No. 124)
- Enhanced felony penalty: 5 to 20 years with prior convictions for vehicular offenses
- Misdemeanor penalty: Up to 6 months in jail, $500 fine
- Reporting deadline: 24 hours from the time of the accident
- License consequences: Mandatory suspension upon conviction; SR-22 filing required for reinstatement
- Fault system: Louisiana follows "comparative fault" rules
Last verified: March 2026. This guide reflects current Louisiana Revised Statutes, including amendments effective August 1, 2025. Always consult a licensed attorney for legal advice specific to your situation.
Louisiana Hit and Run Statute (RS 14:100)
Under Louisiana Revised Statutes Section 14:100, hit and run driving is the intentional failure of a driver involved in or causing any accident to stop the vehicle at the scene, give their identity, and render reasonable aid. The statute covers all accidents on public roads or places open to public access.
Louisiana law defines "giving identity" as providing your name, address, and the license number of your vehicle, or reporting the accident to police. The statute also defines "serious bodily injury" as bodily injury involving unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of a bodily function, or a substantial risk of death.
The severity of the charge depends on whether the accident caused only property damage or resulted in bodily injury or death. The 2025 legislative session brought significant changes to the penalty structure, establishing mandatory minimum sentences for the most serious offenses.
Your Legal Obligations at the Scene
Louisiana law requires every driver involved in an accident to take specific steps immediately. Failing to complete any of these obligations can result in criminal charges.
You must stop immediately at the scene of the accident or as close to it as safely possible. Driving away, even briefly, can be treated as evidence of intent to flee.
You must render reasonable assistance to any person who appears injured. This includes calling 911, requesting emergency medical services, or transporting the injured person to a medical facility if transportation is needed and you are able to provide it.
You must exchange information with the other driver, vehicle occupants, property owner, or any person injured in the accident. Required information includes your name, address, vehicle registration number, and insurance details.
You must report the accident to law enforcement. Louisiana law requires this report within 24 hours of the accident.
You must remain at the scene until you have fulfilled all of these obligations. Leaving before completing these steps, even if you intend to return, can lead to criminal charges.
If you strike an unattended vehicle and the owner is not present, you must leave a written note in a visible location on the vehicle. The note should include your name, address, and contact information. You should also report the incident to police.
Misdemeanor Hit and Run in Louisiana
A hit and run is charged as a misdemeanor when the accident results only in property damage and no one suffers bodily injury. Under RS 14:100(C)(1), the penalties for a first offense misdemeanor hit and run include:
- A fine of up to $500
- Imprisonment for up to six months
- Or both fine and imprisonment
These penalties apply to situations such as striking a parked car, damaging a fence or mailbox, or causing a fender bender where no one is hurt.
DUI Enhancement for Property Damage Hit and Run
When evidence shows the driver consumed alcohol or used drugs before the accident, the substance use contributed to the accident, and the driver fled to avoid detection or to affect a potential criminal investigation, the penalties increase. Under this enhancement:
- The minimum jail sentence increases to 10 days
- The maximum remains six months
- The maximum fine remains $500
This enhancement reflects the legislature's recognition that fleeing a DUI-related accident creates additional public safety risks and suggests consciousness of guilt regarding the impaired driving.
Felony Hit and Run in Louisiana
Leaving the scene becomes a felony when the accident results in serious bodily injury or death. The 2025 amendments to RS 14:100 (Acts 2025, No. 124, effective August 1, 2025) strengthened the penalties for these offenses.
Death or Serious Bodily Injury (First Offense)
Under RS 14:100(C)(2), when death or serious bodily injury is a direct result of the accident, the driver knew or should have known that death or serious bodily injury occurred, and the driver's vehicle was directly involved, the penalties are:
- Imprisonment with or without hard labor for not less than 2 years and not more than 10 years
- The first 2 years must be served without benefit of parole, probation, or suspension of sentence
- A fine of up to $5,000
- Or both imprisonment and fine
The 2025 amendment established the 2-year mandatory minimum, replacing the previous law that had no minimum imprisonment requirement for this offense.
Enhanced Penalties With Prior Convictions
When a driver has prior convictions for vehicular negligent injuring, vehicular homicide, first degree vehicular negligent injuring, or DUI-related offenses, the penalties increase substantially:
- Imprisonment with or without hard labor for not less than 5 years and not more than 20 years
- A fine of up to $5,000
- Or both
Prosecutors may also pursue separate charges such as vehicular homicide (RS 14:32.1), first degree vehicular negligent injuring (RS 14:39.2), or negligent injuring (RS 14:39) depending on the circumstances. If evidence suggests intent to harm, attempted murder charges could apply.
Louisiana Hit and Run Penalties at a Glance
| Offense Type | Classification | Imprisonment | Maximum Fine |
|---|---|---|---|
| Property damage only | Misdemeanor | Up to 6 months | $500 |
| Property damage with DUI | Misdemeanor | 10 days to 6 months | $500 |
| Serious injury or death | Felony | 2 to 10 years (2-year mandatory minimum) | $5,000 |
| Serious injury/death with priors | Felony | 5 to 20 years | $5,000 |
| Failure to report within 24 hours | Misdemeanor | Up to 60 days | $100 |
Administrative Penalties
A hit and run conviction triggers mandatory driver's license suspension by the Louisiana Office of Motor Vehicles. To reinstate driving privileges, convicted drivers must:
- Pay all reinstatement fees
- File an SR-22 certificate of financial responsibility with the state
- Maintain the SR-22 for a minimum of 3 years from the date of the triggering offense
- Provide proof of active liability insurance meeting Louisiana's minimum coverage requirements
Louisiana's minimum auto insurance requirements are $15,000 per person and $30,000 per accident for bodily injury liability, plus $25,000 for property damage liability.
Louisiana Crash Statistics
According to data from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA):
- Total motor vehicle deaths (2023): 811 fatalities in Louisiana
- Death rate: 17.7 per 100,000 population, significantly higher than the national average of 12.2
- Pedestrian fatalities: 145 deaths, representing 18% of all traffic deaths in the state
- Alcohol involvement: Approximately 33% of fatally injured drivers in Louisiana had a BAC of 0.08% or higher
Nationally, NHTSA estimated 39,345 traffic fatalities in 2024, a decrease of about 3.8% from 2023. The AAA Foundation for Traffic Safety reports that hit and run crashes account for approximately 24% of all pedestrian fatalities. Pedestrians and cyclists are disproportionately represented among hit and run victims nationwide.
Louisiana's fatality rate ranks among the highest in the nation. The state's high fatality rate is influenced by factors including rural road conditions, high rates of impaired driving, and lower seat belt usage compared to national averages.
How Fault Is Determined in Louisiana
Louisiana follows a "comparative fault" system under Civil Code Article 2323. Under this system, your financial recovery in a civil lawsuit is reduced by your percentage of responsibility for the accident. However, Louisiana does not bar recovery entirely based on your degree of fault, making it more favorable to accident victims than many other states.
For example, if a jury determines you suffered $100,000 in damages but were 30% at fault, your recovery would be reduced to $70,000. Even if you were 90% at fault, you could still recover 10% of your damages.
Practical advice: Do not admit fault at the scene of an accident. Fault determination is the responsibility of investigators, insurance adjusters, and the courts. Statements made at the scene can be used against you in both criminal and civil proceedings. Focus on fulfilling your legal obligations: stop, render aid, exchange information, and report the accident.
Insurance Implications of a Hit and Run
A hit and run conviction has significant insurance consequences beyond criminal penalties.
Rate increases: Your auto insurance premiums will increase substantially after a hit and run conviction. Most insurers classify hit and run as a major violation, similar to DUI, which can double or triple your rates.
SR-22 requirement: Louisiana requires an SR-22 certificate of financial responsibility after a hit and run conviction. This filing proves you carry at least the state minimum insurance coverage and must be maintained for 3 years.
Uninsured motorist coverage: If you are the victim of a hit and run in Louisiana and the other driver cannot be identified, your own uninsured motorist (UM) coverage may compensate you. Louisiana law requires all auto policies to include UM coverage unless the policyholder specifically rejects it in writing.
Subrogation: If your insurance company pays your claim after a hit and run, they may pursue the at-fault driver through subrogation to recover the amount paid.
Possible Defenses to Hit and Run Charges
Common defenses that may apply depending on the circumstances include:
- Lack of knowledge: You were genuinely unaware that an accident occurred or that anyone was injured. This is more credible for minor impacts or when road conditions limited visibility.
- Fear for safety: You left the scene due to a reasonable fear of violence or harm, such as a hostile crowd or threatening behavior from other parties.
- Medical emergency: You needed immediate medical attention yourself and drove to the nearest hospital or called for emergency assistance.
- Identity dispute: You were not the driver of the vehicle at the time of the accident.
- Compliance: The other party refused to exchange information or indicated they were uninjured and did not want to file a report.
These defenses require credible evidence. If you leave the scene for any reason, report to the nearest police station as soon as safely possible. Voluntarily reporting reduces the appearance of intent to flee and may influence how prosecutors handle the case.
Statute of Limitations
For criminal hit and run charges in Louisiana, the statute of limitations depends on the offense classification:
- Misdemeanor hit and run: Charges must be filed within 2 years of the offense
- Felony hit and run: Charges must be filed within 6 years of the offense
For civil claims arising from a hit and run:
- Personal injury: 1 year from the date of the accident (Louisiana Civil Code Article 3492)
- Property damage: 1 year from the date of the accident
- Wrongful death: 1 year from the date of death
Louisiana has one of the shortest civil limitation periods in the country, so victims of hit and run accidents should consult an attorney promptly.
Related Louisiana Laws
- Louisiana Recording Laws
- Louisiana Car Seat Laws
- Louisiana Statute of Limitations
- Louisiana Child Support Laws
- Louisiana Sexting Laws
- Louisiana Whistleblower Laws
Official Reference: Louisiana RS 14:100 Hit and Run Driving
More Louisiana Laws
Sources and References
- Louisiana RS 14:100 Hit and Run Driving(legis.la.gov).gov
- Louisiana Revised Statutes 14:100 (2025)(law.justia.com)
- HB 35 (Acts 2025, No. 124) - Hit and Run Amendment(legis.la.gov).gov
- IIHS Fatality Facts 2023: State by State(iihs.org)
- NHTSA 2024 Traffic Fatality Estimates(nhtsa.gov).gov
- Louisiana Civil Code Article 2323 - Comparative Fault(legis.la.gov).gov