Hit-and-Run Statute of Limitations in New Orleans, LA

It can be terrifying to be involved in a car accident, and it can be especially disorienting when the other driver in the accident commits a hit-and-run. There are options to hold the driver accountable if they are identified. It’s important to know the hit-and-run statute of limitations in New Orleans, LA, for both criminal charges and civil claims to be filed against a hit-and-run driver. This tells you your time limits for holding the driver responsible for your injuries.

An experienced car accident attorney can help you navigate these time limits, investigate the accident to identify the at-fault driver, and explore your options for compensation.

The Basics of Hit-and-Run Laws in New Orleans

In Louisiana, drivers are required to provide aid, exchange information, and report any vehicle accident where anyone is injured or killed, or where there is $500 or more in property damage.

A hit-and-run is the criminal offense of intentionally failing to provide this aid, report the accident, or identify themself. A hit-and-run can be charged as a felony or a misdemeanor, depending on whether someone was injured or killed in the accident.

In 2024, there were 3,094 hit-and-run accidents in Jefferson Parish. More than 2,700 of these were property damage-only, while 363 of the crashes were suspected injury crashes. Sadly, four of the crashes were fatal. When you are hurt by another driver’s negligence, you can file a claim against their insurer for your damages. Unfortunately, it isn’t possible if the driver is unidentified.

The Statute of Limitations for a Civil Personal Injury Case

A personal injury civil claim has a statute of limitations of two years. While most car accident claims are negotiated through insurance claims, knowing the civil statute of limitations is crucial during negotiations in case a reasonable settlement can’t be reached. In these cases, you could take the claim to court to get the damages you are owed.

A civil personal injury claim that isn’t filed within two years of the accident will not be considered by the court. You will be barred from recovering compensation. An attorney can help you understand the specifics of your situation and how that impacts a civil statute of limitations.

If you lost a loved one in a hit-and-run accident, the statute of limitations on a wrongful death or survival action is one year from the date of their death.

Recovering Damages After a Hit-and-Run With an Unidentified Driver

If the driver who caused the accident is identified, you can file an insurance or civil claim against them to recover the cost of your injuries.

However, if they cannot be identified, there are still ways to financially recover. Your own insurance policy may have uninsured motorist coverage, which allows you to recover damages when the at-fault driver has no insurance or cannot be identified. An attorney can help you review your insurance policy and the damages you can recover.

The Statute of Limitations for Criminal Charges

In New Orleans, criminal charges also have legal deadlines by which charges for a crime must be filed. The statute of limitations for a criminal charge depends on the severity of the offense committed. For hit-and-run charges, the statute of limitations may be:

1. Two years for a misdemeanor hit-and-run where no one was injured or killed.
2. Four years, for a felony hit-and-run where there was injury or death, and the driver knew or should have known that death or serious injury occurred.

This time limit applies to law enforcement and the prosecution. When you are involved in a hit-and-run, you should report the incident immediately, providing a report of the incident to the police. Then, hire a hit-and-run accident lawyer. They can help determine the next steps.

Civil cases and criminal cases are handled by different district courts in Orleans Parish. The Orleans Civil District Court is found at 421 Loyola Avenue. The Orleans Criminal District Court can be found at 2700 Tulane Avenue.

FAQs

What Is the Statute of Limitations on a Hit-and-Run in Louisiana?

The statute of limitations on a hit-and-run in Louisiana is two years from the date the accident happened for civil personal injury claims. If those injured in the accident died, then the statute of limitations for a wrongful death or survival action is one year. It is crucial to work with an attorney to be aware of these deadlines and ensure you file a claim before you are barred from recovering compensation.

How Long After a Hit-and-Run Can You Press Charges?

After a hit-and-run, charges can be pressed against a driver between two and four years after the accident. Misdemeanor hit-and-run offenses, where no one was injured, have a limit of two years. The limit increases to four years when someone is injured or the offense becomes a felony for another reason. However, these deadlines may change if the driver is unidentified or goes to another state. The statute of limitations may pause for a period of time.

Can You File a Claim Against a Hit-and-Run Driver?

Yes, you can file an injury claim against a hit-and-run driver, although it can be difficult to actually do so. Filing a claim requires parties to exchange insurance information, or for you to know who the other driver is. While some hit-and-run drivers are found by law enforcement, others are not. In those cases, you cannot file a claim against the driver and must find other methods of recovering compensation.

Why Do You Need to Hire a Hit-and-Run Accident Lawyer in Louisiana?

When you hire a hit-and-run accident lawyer in Louisiana, they can investigate the accident and potentially identify the driver who caused the accident. This can hold the driver criminally liable and allows you to file a claim against them for your financial damages. An attorney can also help if the driver cannot be identified. There are other options for financially recovering, such as filing an uninsured motorist claim, and an attorney can help you negotiate this.

Reach Out to Murphy Law Firm in New Orleans Today

If you have been injured by a hit-and-run driver, it can be easy to focus on filing criminal charges, but this case does not actually help you financially recover from the accident. Filing an insurance or civil claim is what can help you recover the cost of your medical bills, the income you lost, the value of your property damage, and your pain and suffering damages. Contact Murphy Law Firm today to review your options for financially recovering from a hit-and-run.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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