Quick Summary:
After a car accident, Louisiana law requires you to immediately stop and report the accident to the police if it results in injury, death, or over $500 in property damage. Leaving the scene of an accident is a crime with serious penalties, including potential prison time for a felony hit-and-run if serious injury or death occurs.
Let’s face it, no one ever expects to be in a car accident. But if you are, knowing what to do in the immediate aftermath is absolutely crucial. The thing is, there are legal obligations you must follow, and the steps you take (or don’t take) after a car accident can have an impact on your claim and your well-being. Our team at Sean Regan Law understands how confusing and stressful this time can be. We’ve put together this guide to help you understand what the law requires of you and how to protect yourself in a high-stress situation.
The Immediate Steps: What the Law Requires at the Scene
First and foremost, your safety and the safety of others is the top priority. The law requires you to take specific actions right at the scene of the crash, if it results in injury, death, or over $500 in property damage.
Stop and Stay
All drivers involved in a serious crash should stop immediately. You should never leave the scene of an accident, even if it seems minor. Leaving the scene of an accident can lead to criminal charges, including a hit-and-run, which carries serious penalties.
Secure the Scene
If possible and safe, move your vehicle to the side of the road to prevent further accidents. If you can’t move the vehicle, turn on your hazard lights. Call 911 immediately.
Exchange Information
You are legally required to exchange information with the other driver(s) involved. This includes:
- Your full name and contact information.
- Your driver’s license number.
- Your insurance company name and policy number.
- The vehicle’s license plate number.
It’s a good idea to write down their information as well. Don’t rely on just a photo of their insurance card—make sure you have all the details.
Documenting the Accident for Your Claim
While you are at the scene, the law also requires that you report the accident. Beyond that, documenting everything you can is a key part of protecting your rights. This information is invaluable for your claim and can make all the difference later on.
Call the Police
If the accident involves injury or significant property damage, you are legally required to report it to the police. They will create an official police report, which serves as a crucial document in any insurance claim or legal case.
Gather Evidence
- Take photos and videos: Use your phone to take pictures of the vehicles from different angles, the damage to each car, the road conditions, and any relevant signs or landmarks. These visual details can be incredibly powerful evidence.
- Get witness information: If anyone saw the accident, get their names and contact information. A third-party witness statement can be a game-changer when it comes to determining who was at fault.
Your Health and Your Rights After a Car Accident
After you’ve left the scene, your legal and personal obligations aren’t over. What you do in the days and weeks following the accident is just as important.
Seek Medical Attention
Even if you feel fine, it’s essential to see a doctor immediately. Some injuries, like whiplash or a concussion, may not show symptoms for days. Getting a prompt medical evaluation creates a documented record of your injuries, which is vital for any personal injury claim.
Contact Your Insurance Company
Tell your insurance company about the crash right away. Be honest about what happened, but don’t say anything that admits fault. Keep your statement simple and factual.
Know Your Rights and Contact a Lawyer
The insurance company for the other driver will likely contact you very quickly. Their goal is to settle your claim for the lowest amount possible. Before speaking with them or agreeing to any settlement, it’s a good idea to talk to an experienced attorney first. This is where a team of skilled motor vehicle accident lawyers can make a huge difference. Your attorney can talk to the insurance companies for you, work to get a fair settlement, and if necessary, fight for the compensation you truly deserve.
What to Do After a Car Accident in New Orleans, LA
Dealing with the aftermath of a car accident can feel overwhelming, but you don’t have to go through it alone. At Sean Regan Law, we are here to guide you through the process and fight to protect your rights. We have helped countless clients in New Orleans get the compensation they need to recover and move forward. We offer a free, no-obligation consultation to review your case and provide skilled and experienced guidance. Our firm handles everything, from dealing with insurance companies to fighting for you in court, so you can focus on getting better. If you need a team of reliable motor vehicle accident lawyers who understand Louisiana’s unique legal system, contact Sean Regan Law today.