Louisiana experiences thousands of car accidents each year. What are your obligations as the driver of a vehicle? Under Louisiana law, you must stop at the accident scene and render assistance to anyone who needs it. You also should leave your name if you hit a car but the driver can’t be found.
Do you have to report a car accident to the state? The answer is “yes.” Louisiana has a law on the books that requires reporting most accidents. If you fail to submit a report to the state, you could face serious penalties. Our Lafayette, LA car accident lawyer reviews the important details about this law.
When Do You Have to Report a Car Accident to the Police?
Louisiana Revised Statutes § 32:398 says that drivers involved in a car accident must report the accident to the police if it causes:
- Death, or
- Bodily injury, or
- More than $500 in damage
Most accidents will cause at least this much in property damage, even if no one is hurt. We recommend reporting the accident to the police to be safe.
Where Do You Have to Report a Car Accident?
You should immediately call the police to report the accident. Typically, this will mean using your cell phone and calling them once you ensure everyone in your vehicle is safe. If you don’t have the phone on you, ask to use someone else’s phone. You should call the local police for the city where the accident happened.
An officer will probably come to the scene to create an accident report. These Louisiana car accident reports are helpful when it comes time to file an insurance claim. The report contains critical information, including the date of the accident and its location, as well as the identities of those involved.
When Do You File a Written Crash Report with the State?
You also need to create a written accident report to the Department of Public Safety and Corrections. You must do this within 24 hours.
Interestingly, you must report accidents to the Department if someone is killed or injured, or if your accident caused more than $100 in damage to all vehicles. This is a lower threshold of property damage. So if a crash caused $250 in damage, you must report to the Department of Public Safety and Corrections, although you don’t necessarily have to call the police immediately.
Is It Illegal Not to Report a Car Accident?
Yes. If you don’t file the required report with the Department of Public Safety and Corrections, then you can be imprisoned for up to 60 days or fined up to $100, or suffer both penalties. It’s rare for this to happen, admittedly. Nonetheless, there’s no reason to run the risk of a criminal sanction for failing to report.
What if 24 Hours Have Passed and You Didn’t Make a Report?
Go ahead and make the report as soon as you realize this is an obligation. Many people are completely unaware that they need to submit a report to the Department of Public Safety and Corrections. Some of them were sent to the hospital in the back of an ambulance and required surgery or other major treatment. Only weeks later do they realize they need to report a crash. You are unlikely to end up in jail, even though the law does technically state that could happen.
Remember, the other driver probably has submitted a report, so the state knows about the accident.
You also need to submit one. The law requires all drivers involved in a wreck to fulfill their reporting requirements. It’s not enough for one driver to report.
Why Does Louisiana Collect this Information?
The state is constantly trying to improve public safety. They want a full reporting of all accidents to track the number of collisions that happen in the state. Statistical data of this sort has many uses, which is why Louisiana has collected accident statistics for decades.
What Else Should You Do After an Accident?
To help your case for compensation, you need to fully document the crash. Calling the police is a good first step. The officer’s report will contain critical information to help with any insurance claim.
You should share the following with all drivers involved in the accident:
- Your name
- Your address
- The vehicle’s registration number
If the other driver asks, you must exhibit your driver’s license or permit. We strongly recommend getting all this information from the other drivers involved, as well. You should also ask for insurance information from the driver, which can help with a claim.
Then, you should take photographs of the vehicles involved in the crash, being sure to get photographs from all sides to show where they collided. Zoom in if necessary so we can really see the damage. These photographs help document the state of all vehicles after the crash.
We also recommend talking to witnesses. Ask for their name and contact information. They can provide important testimony about what happened.
A major question in car accident cases is fault for the crash. Louisiana remains a “fault” state for car wrecks, so the person responsible for the collision must pay damages to anyone injured. Witnesses and photographs help those of us who weren’t at the scene visualize how the crash unfolded.
Contact a Lafayette Car Accident Lawyer for Assistance with Your Insurance Claim
Inzina Law Injury Attorneys can assist anyone hurt in a motor vehicle collision. We have negotiated personal injury settlements for those hurt in rollovers, T-bones, sideswipes, and rear-end collisions.
If you needed medical care after a crash, then you might qualify for financial compensation from the driver at-fault for the collision. Other damages include lost wages, pain and suffering, car damage and mental distress. We have won seven- and six-figure settlements for many of our clients.
Call us today. We offer free consultations to anyone who requests one. We can review what happened and estimate the value of a claim.