Hit and Run Accident Lawsuit in New York

Hit and run accidents in New York occur when a driver involved in a collision leaves the scene of an accident without fulfilling their legal obligations. The legal statute that governs hit and run accidents in New York is New York Vehicle and Traffic Law Section 600.

That law outlines the obligations of drivers involved in accidents, including stopping at the scene, providing identification, and reporting the incident to authorities. The statute differentiates between accidents involving property damage and accidents that result in personal injury or death:

• Property Damage: For accidents that result in property damage drivers must stop, exchange information, and report the incident if the other party is not present
  • Failure to comply is considered a traffic infraction, punishable by criminal fines and potential imprisonment
• Personal Injury or Death: Accidents that involve personal injury to another person or death require drivers to stop, provide aid, and report the accident to law enforcement immediately
  • Leaving the scene of the accident in such cases is treated as a more severe criminal offense, potentially leading to felony charges

A local New York lawyer will be familiar with all of the laws regarding an accident that results in property damage or personal injury to another. A New York personal injury attorney will be especially familiar with the steps that need to be taken following a vehicle accident.

What Are the Penalties for a Hit and Run?

As noted above, in New York, the penalties for a hit and run offense depend on the severity of the incident and are outlined in New York Vehicle and Traffic Law Section 600. The following is a breakdown of the various penalties for a hit and run:

• Property Damage Only: If a driver is involved in an accident causing only property damage, they must stop immediately, locate the owner of the damaged property, and exchange information
  • If the owner cannot be located, the driver must leave a written notice with their details and report the accident to law enforcement promptly
  • Failure to fulfill one’s obligations is considered a traffic infraction, and can result in fines of up to $250 and jail time of up to 15 days
• Accidents That Result in an Injury: In addition to stopping at the scene, drivers must render reasonable assistance to the injured party, such as calling for medical help or providing transportation to medical facilities
  • Failure to fulfill one’s obligations will result in a misdemeanor charge with possible criminal fines between $500 and $1,000, jail time of up to 1 year, or a combination of both
• Accidents Resulting in Serious Injury: When the injury is severe (e.g., a life-threatening condition or permanent disfigurement), the legal obligations above remain the same, but the consequences for fleeing are significantly harsher
  • Fleeing the scene will result in a Class E felony charge, criminal fines between $1,000 and $5,000, and up to 4 years in jail
• Accidents Resulting in a Fatality: Drivers involved in an accident resulting in death must stop, report the incident to the police, and cooperate with any investigations
  • Fleeing the scene is treated as a Class D felony with criminal fines being between $2,000 and $5,000, jail time of up to 7 years, or a combination of both

What Should I Do if I Am Involved in a Hit and Run Accident?

If you’re involved in a hit and run accident in New York, it’s important to act promptly and responsibly to protect your rights and increase the chances of resolving the matter. The following is a guide on steps you should take if involved in a hit and run:

• Ensure Safety: It is important to first move yourself and others to a safe location away from traffic if possible
  • You should then check for injuries and call 911 if medical assistance is needed
• Gather Evidence: Next, you should always take photographs of the accident scene, including damage to your vehicle, license plates (if visible), and surrounding landmarks, as such evidence may be needed to prove your case or submit to your insurance
  • It’s important to also note down details such as the time, location, and any witnesses present, as well as record any information about the fleeing vehicle, such as color, make, model, and direction of travel
• Contact Law Enforcement: Next, you should report the hit-and-run to local law enforcement immediately, being sure to provide them with all the evidence and details you have collected
• Notify Your Insurance: Then, you should contact your insurance provider to report the accident
  • It is important to note that New York drivers are required to have uninsured motorist coverage, which may help cover damages from a hit and run accident
• Seek Medical Attention: If necessary, you should then seek medical attention.
  • Even if your injuries appear minor, it is recommended to see a medical professional to document your condition, as some injuries may not be immediately apparent
• Consider Legal Assistance: If the hit and run resulted in serious damage or injury, setting up a lawyer consultation with an attorney familiar with personal injury laws in New York can help you navigate your insurance claim and potential for lawsuits

How Much Money Should I Ask for in a Settlement?

The amount of money that you should seek in a hit and run accident settlement in New York depends on several factors, such as the severity of your injuries, property damage, and the impact on your life.

For minor injuries, a common settlement is between $8,000 to $25,000, as such an amount can cover lower cost medical expenses, minor vehicle repairs, and lost wages. However, more severe injuries often result in a settlement between $100,000 and $1,000,000, as the plaintiff (i.e. the party that was injured) will require long-term medical care, have a permanent disability, loss of earning capacity, and will also have pain and suffering damages.

If the accident resulted in a fatality, then often the settlement will be the policy limits of the insurance company. Settlements for fatalities often exceed $1,000,000, and will be used to pay for funeral expenses, loss of income, and compensation for emotional distress to the victim’s family.

There are many factors that can influence personal injury settlements. First, New York is a no-fault state, so your Personal Injury Protection (“PIP”) insurance will cover initial medical expenses and lost wages. However, for severe injuries, you may pursue compensation from the at-fault driver.

In a civil lawsuit against the responsible driver, strong evidence, such as police reports, medical records, and witness statements, can increase the settlement amount. Additionally, hiring New York hit and run lawyers will often result in a higher settlement, as they can negotiate a higher settlement on your behalf by presenting a compelling case.

Are There Any Defenses for a Hit and Run?

In short, yes, there are legal defenses that can be used in a hit and run case in New York. The applicability of such legal defenses will depend on the circumstances of the incident and the evidence available. Here are some common legal defenses:

• Lack of Knowledge: The defendant may argue that they were unaware of the accident or the damage caused
  • For instance, if the collision was minor and the driver did not realize it occurred, this could be a valid defense
• Emergency Situation: If the driver left the scene due to an emergency, such as a medical crisis or immediate danger, they may use this as a defense
  • However, they must demonstrate that the emergency justified their actions
• Mistaken Identity: The defendant may claim that they were not the driver involved in the hit and run
• No Damage or Injury: If the accident did not result in any damage or injury, the defendant may argue that their actions did not constitute a hit and run under New York law
• Compliance with Legal Obligations: The defendant may show that they fulfilled their legal obligations under the given situation, such as leaving a note with contact information or reporting the incident to law enforcement
• Violation of Rights: If law enforcement violated the defendant’s rights during the investigation or arrest, such as conducting an unlawful search or seizure, this could also be grounds for challenging any resulting charges

Do I Need a Lawyer if I Have Been Charged With a Hit and Run?

If you have been involved in a hit and run accident in New York, it is strongly recommended that you contact an experienced personal New York hit-and-run attorney immediately. They can help you report the incident to law enforcement, assist in identifying the fleeing driver, and protect your legal rights while helping you recover damages resulting from the accident.

LegalMatch can connect you with a qualified personal injury attorney in your area. During your initial consultation, the lawyer will outline your legal rights and options under New York law. This includes explaining how no-fault insurance, uninsured motorist coverage, and potential civil claims may apply in your situation.

The attorney will also ensure that you meet all filing deadlines for civil lawsuits, such as claims for vehicle repairs, medical expenses, lost wages, and pain and suffering caused by the accident. Moreover, they will guide you through the necessary legal procedures, providing clarity on how to proceed with insurance claims or civil lawsuits while working to maximize your compensation.

Finally, if your case involves court proceedings or negotiations with insurance companies, the attorney will advocate for you throughout the entire process, ensuring your interests are protected. This means that they can file a lawsuit on your behalf and represent you in court, as needed.