LEAVING
THE SCENE

NYC Hit & Run Defense Attorney

Imagine driving through the bustling streets of New York City when suddenly you’re involved in an accident. The other driver speeds off without a second thought, leaving you to grapple with the aftermath. Hit & run cases are far too common in New York. Law Office of Gina M Wicik will guide you through the intricacies of hit & run laws, the role of a New York City hit run defense attorney, and how to protect your rights in these challenging cases.

Understanding NYC Hit & Run Laws and Penalties

Navigating the maze of hit & run laws in New York City can be confusing and discouraging. These laws are designed to hold drivers accountable for their actions, but they also have serious consequences for those who fail to comply.
A hit and run accident occurs when a driver leaves the scene of an accident without providing aid or exchanging details. Understanding the legal obligations and potential penalties in hit and run accidents, is critical to protect your rights.

Legal Obligations After a Motor Vehicle Accident

In the event of a motor vehicle accident in NYC, drivers are legally required to remain at the scene, exchange information, and call a police if necessary. Failure to adhere to these obligations could lead to leaving the scene of an accident charges.

Penalties for Leaving the Scene of an Accident

The penalties for leaving the scene of a car accident can be severe and vary depending on the extent of the damage or injury caused. For instance, if the accident resulted in property damage, the penalties may be less stringent compared to when the accident led to a personal injury or serious injury or death.

LEAVING THE SCENE: PROPERTY DAMAGE

Under New York VTL 600(1)(a). A person may be arrested, charged and convicted under this law if they were in an accident, the person knew or had reason to know that damage had been caused to the property of another person, such as damage to their vehicle, and that person fails to stop, show their license and insurance card, give their real name and address, or report that same information to the nearest police station if the owner of the property is not there, such as an accident involving a parked car. This section of the VTlL, VTL 600(1) is not a crime, but a traffic infraction. Therefore, if convicted you will not have  a criminal record, but it is still punishable by a fine of up to $250 and up to 15 days in jail.

LEAVING THE SCENE: PERSONAL INJURY

Leaving the scene of an accident in which a person is injured under New York VTL 600(2)(a)  is significantly more serious with life altering penalties. The basis for a VTL 600(2)(a) arrest, charge and conviction is where you knew or had reason to know that personal injury to another person resulted from the accident, and you did not stop, show your driver’s license and insurance card, give your real name and address, and report the incident to a police officer or the nearest police station. Unlike VTL 600(1), a conviction of VTL600(2)
(a), is a crime, and will give you a criminal record. It is classified as a B misdemeanor if it is solely based on failing to provide the required information, which is punishable by a fine of $250 to $500 and/or a sentence of up to 90 days in jail. A second conviction for failing to provide information can be elevated to an A misdemeanor punishable by a fine of up to $1000 and up to 1 year in jail. If the first time violation is based on something other than failing to provide information, such as not stopping and staying at the scene, it is an A misdemeanor, punishable by a fine of up to $1000 and up to 1 year in jail.
Critically, if a charge of VTL 600(2)(a) is based on failing to stop and take all of the required steps, and the person who was injured suffered “serious injury,” this crime can be elevated  to an E felony punishable by a fine of $1000 to $5000 and up to 4 years in state prison. If the accident resulted in another person’s death, it can be elevated to a D felony punishable by a fine of $2000 to $5000 and a maximum of 7 years in state prison.