Leaving the scene of an accident in New York, whether it is a minor property damage claim or an accident involving serious bodily injury, can escalate a traffic mishap into a criminal offense. New York treats “hit-and-run” cases with severity, as drivers who flee endanger others and delay critical emergency response. The potential consequences include significant fines, license suspension, and possible misdemeanor or felony charges. Please continue reading as we outline how New York defines hit-and-run offenses, detailing the penalties associated with different levels of severity, and emphasizing the crucial need to consult with our dedicated Nassau County Criminal Defense Attorneys to protect your rights.
How Does New York Legally Define a Hit-and-Run?
In New York, any driver involved in a motor vehicle accident is legally obligated to stop, exchange relevant information, and provide reasonable assistance if another person is injured. Failing to fulfill these duties, regardless of fault, constitutes a hit-and-run offense. This law applies to any collision in the state, whether it involves another moving vehicle, a pedestrian, a cyclist, a parked car, or other private or public property. It is important to understand that even when the driver perceives the damage or injury to be minor, the legal duty to stop and report remains mandatory.
What Are the Penalties for Leaving the Scene of an Accident?
The repercussions for a hit-and-run accident vary in severity based on the specific circumstances surrounding the incident. If the accident results in only property damage and the driver flees the scene, it will be charged as a traffic infraction. This offense is punishable by up to 15 days in jail, fines up to $250, and the potential loss of your driving privileges. While this is the least severe form of hit-and-run in New York, a conviction can still damage your insurance and driving history. It is crucial to note that if you hit a parked vehicle or property, you are tasked with locating the owner or leaving a note with your contact information. If you leave without doing so, it will constitute a hit-and-run.
If someone is injured and the driver flees the scene, the offense becomes a Class B misdemeanor, which is punishable by up to one year, fines of up to $500, and mandatory license revocation. When the accident causes serious physical injury, leaving the scene is a Class E felony, punishable by up to 4 years in jail, fines of up to $5,00o, and long-term license revocation.
Furthermore, if someone dies and the driver flees, this is a Class D felony, punishable by up to 7 years in prison, fines of up to $5,000, and license revocation. Keep in mind that the court could impose even harsher sentences if drunk driving, reckless driving, or prior convictions are involved.
As you can see, leaving the scene of an accident has severe legal ramifications, including hefty fines, the loss of driving privileges, and even time behind bars. When injuries or fatalities are involved, the penalties increase sharply. Due to the seriousness of these charges, anyone accused of a hit-and-run must engage legal representation to protect their rights, pursue options for reducing penalties, and avoid missteps that could undermine their defense. Contact an attorney at KCS Law today to schedule a consultation.
