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  • Claire Edwards

Hit+Run Case Law

One interpretation that makes defense of hit and run difficult is the 2004 Louisiana Supreme Court case, State v. Williams, which found that it is not necessary that there be contact between the defendant’s vehicle and another vehicle or another person. A driver can cause an accident by driving negligently or recklessly. In the Williams case, the driver crossed the center line of a highway, causing another motorist to swerve and crash into a following 18-wheeler truck which resulted in the motorist’s death. He was convicted of hit and run even though he called the police to report the accident because he did not stop at the scene (he drove to a nearby house), did not give his identity to the dispatcher, and did not render reasonable aid to the victim.


5th circuit cases State v. Agee in 1988 and State v. Boudreaux in 1986 go so far as to say that a motorist must report the accident to the police or risk being charged with hit and run.


Citations:

State v. Williams, 893 S0.2d 7, 9-10 (La. 2004).

State v. Agee, 534 So. 2d 483 (La. Ct. App. 5th Cir. 1988)

State v. Boudreaux, 484 So. 2d 160 (La. Ct. App. 5th Cir. 1986.)

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