In torts, we often discuss strike suits and slip-and-fall actions designed to force settlements from litigation-wary companies. In Louisiana, police arrested a man, Arthur Bates Jr., 47, who they allege staged such an accident. The problem is that it was caught on videotape by the Tesla driver. Such staged accidents are also the work of professional gangs who work with unscrupulous lawyers, including staged moving accidents to force unsuspecting drivers into read-end collisions.
The incident occurred last Friday at about 4 p.m. when the Slidell Police Department were called to the scene as Bates claimed to have been the victim of a hit-and-run driver. According to the report of the incident, he identified the Tesla and said that he was suffering from back, leg, and neck injuries.
The Slidell police department later posted the video and stated “Unbeknownst to Bates, Tesla’s record all the footage of their cameras. When Slidell Police officers reviewed the Tesla’s video footage, it became apparent that Bates was lying and staged the entire event.”
When shown the film, Bates reportedly confessed to staging the accident. He is now facing one count of False Swearing with the Intent to Cause an Emergency Response.
Notably, the law below ratchets up if there is any injuries in response to emergency calls but the base offense caps out at six months in jail.
§126.1.1. False communication with the intent to cause an emergency response
A. No person shall, with the intent to cause an emergency response by any law enforcement agency or other first responder in the absence of circumstances requiring such response, knowingly communicate or transmit false or misleading information indicating that conduct has taken place, is taking place, or will take place that may reasonably be believed to constitute a violation of the criminal law of any state or the United States, or that may reasonably be believed to endanger public health or safety.
B. Any person convicted of violating the provisions of this Section:
(1) If no emergency response results, shall be imprisoned for not more than six months, or fined not more than five hundred dollars, or both.
(2) Except as provided in Paragraphs (3) and (4) of this Subsection, if an emergency response results, shall be imprisoned, with or without hard labor, for not more than five years, or fined not less than one hundred dollars nor more than one thousand dollars, or both.
(3) If an emergency response results and serious bodily injury occurs, shall be imprisoned, with or without hard labor, for not less than eight years, or fined not less than five hundred dollars nor more than two thousand five hundred dollars, or both.
(4) If an emergency response results and the death of a person occurs, shall be imprisoned at hard labor for not less than ten years nor more than forty years.
C.(1) In addition to the penalties provided by Subsection B of this Section, the court shall order the defendant to reimburse the appropriate party or parties for any expenses incurred for an emergency response resulting from the commission of the offense.
(2) A person ordered to make reimbursement under this Subsection shall be jointly and severally liable for such expenses with any other person who is ordered to make reimbursement under this Subsection for the same expenses.
(3) An order of reimbursement under this Subsection shall, for the purposes of enforcement, be treated as a civil judgment.
D. For purposes of this Section:
(1) “Emergency response” means any action taken by a law enforcement agency or other first responder to immediately respond to any conduct or event that is reasonably believed to violate the criminal law of any state or the United States, or that threatens or may reasonably be believed to threaten public health or safety.
(2) “Law enforcement agency” includes any federal, state, or local law enforcement agency.
Acts 2018, No. 348, §1, eff. May 20, 2018.