Hit and Run NY Laws: What it Means to Leave the Scene
A hit and run is defined as involving or being a motor-vehicle driver who does not stop post involvement in a crash. A crash, under New York Vehicle and Traffic Law § 600, is any collision involving a motor vehicle, and drivers operating a vehicle involved in a crash must stop, exchange information, and render aid or assist if necessary. Failing to do so—fleeing or attempting to escape—can result in serious legal consequences, especially if you have fled the scene.
People might flee the scene of a car accident for different reasons. Some people run away because they just do not want to deal with the stress of the issue and they hope they won’t get caught. Drivers impaired by drugs or alcohol are statistically more likely to escape or flee the scene of an accident. Other people are under the influence of drugs or alcohol, in a rush and do not care, or they may panic when they hit someone and just not know what to do. Some people will go to the police later to admit what they’ve done.
Victims of hit and run incidents can include pedestrians, women, and elderly individuals, and factors such as age and gender can influence the severity of injuries and the legal consequences for the driver. In busy urban neighborhoods like the Lower East Side, recent incidents on Clinton Street and Stanton Street have highlighted ongoing safety concerns. In the Lower East Side alone, there have been 478 reported crashes this year, injuring 235 people, including 60 cyclists and 46 pedestrians. Injured victims from city crashes, including those occurring on Thursday nights or in December, are often taken to Bellevue Hospital for emergency care.
Knowing the laws can help reduce panic and ensure that you do the right thing if you’re involved in a hit and run. These laws can also help you protect yourself if you’re being accused of leaving the scene of an accident. A police officer can assist at the scene by guiding drivers in exchanging information and ensuring a proper report is filed. In 2023, over 36,000 hit-and-run reports were filed in New York City, and between January 1 and December 15, there were more than 77,000 reported crashes, injuring 45,456 people.
New York is Clear on Their Hit and Run Laws
There are serious consequences if you leave the scene of an accident without giving the other driver your information. Under New York vehicle law, you must show your insurance identification card and exchange information at the scene. New York law states that anyone involved in an accident must stop their vehicle and trade information with the other driver. A hit and run in NYC is classified as a traffic infraction when only property damage is involved, punishable by a fine and possible license suspension. If you leave the site of an accident without reporting or exchanging contact and insurance information, you could end up having to pay a fine of up to 250 dollars and face up to 15 days in jail. New York law also requires you to file an official report with the DMV within 10 days of the accident, or you may face misdemeanor charges and license suspension. If you hit a parked vehicle and cannot locate the owner, you must leave a note with your contact and insurance information. Failing to provide license and insurance information at the scene can result in severe penalties, including fines and jail time. Failing to do that is counted as a hit and run even for very minor accidents, which means you could get a ticket that you must deal with. With the IMPROV New York State defensive driving course, online ticket dismissal course, you can work toward getting rid of that ticket and you don’t have to sit in a classroom. But it’s still better to avoid the ticket in the first place since fines and fees can also be high.
It’s Not Just About the Ticket
A ticket for a hit and run accident in NY can cost you up to $250, but that’s not all. You must report the accident to the nearest police station to avoid severe penalties. After calling 911 or contacting emergency services, you should take steps to preserve evidence and assist in the investigation. There can be court costs and other fees along with that amount, and you can also be jailed for as much as 15 days. Under New York’s no-fault insurance laws, your insurance may cover medical expenses and lost wages after a crash. Victims of hit-and-run incidents can seek compensation through their uninsured motorist coverage. If you are caught leaving the scene of an accident that results in injury or death, you could face time in prison. Clients who are victims or defendants in hit and run cases often seek legal assistance to help them pay for damages or defend against charges. You’ll see three points on your driving record, and that could cause your vehicle insurance rates to rise dramatically. Your insurance company may even cancel you, and that will force you to find new insurance. If you have to go with a high-risk company, your rates are going to be much more than they were previously, and you’ll have a hard time getting those rates down for several years after the accident.
Be Mindful of What You Say About the Accident
Too often, people who have been involved in a hit and run may blurt out that they didn’t mean to, or something else that implies guilt. It’s very important that you don’t do that because it can affect whether you’re found guilty of the crime or whether you can get your ticket dismissed. Don’t admit any fault and understand what your defense can be. For example, if you truly didn’t realize you struck another vehicle you may not be charged. That can happen to someone backing out of a parking space, or parallel parking, when they just tap the bumper and there’s no damaged caused. But the law says you still must stop.
Defenses and Mitigating Circumstances in Run Accidents
If you’re facing accusations of a hit and run accident in New York, it’s important to know that not every situation is black and white. For New Yorkers, there are defenses and mitigating circumstances that can influence the outcome of your case, especially when it comes to incidents involving a parked car, property damage, or a personal injury accident.
One common defense is that the driver genuinely did not realize they had struck another vehicle or person. For example, in a crowded city street or a tight parking spot, it’s possible to have a minor collision without noticing. If you were unaware that your car made contact and caused property damage, this could be a valid defense under New York hit and run laws. However, if you knew about the accident and still left the scene without exchanging contact and insurance information, the law is much less forgiving.
Sometimes, a driver may attempt to exchange information, but the other driver is uncooperative or even flees the scene themselves. If you made a good faith effort to provide your insurance information and contact details, but the other person involved in the accident refused or left, this can be a mitigating circumstance. Documenting your attempt—such as taking a picture of the other vehicle or calling the police—can help show you tried to comply with the law.
Another factor that can work in your favor is if you left the scene initially but later reported the incident to the nearest police station or contacted your insurance carrier. Taking responsibility and cooperating with the police investigation can demonstrate remorse and may reduce the severity of the consequences, such as points on your license, fines, or even potential jail time.
The specific circumstances of your run accident matter. The extent of property damage, whether anyone suffered a personal injury, and your prior driving record all play a role in determining the penalties. If you’re involved in a hit and run, it’s crucial to consult with an experienced attorney who understands New York’s hit and run laws. They can help you navigate the investigation, protect your rights, and explore options like completing a defensive driving course to potentially reduce points or penalties.
Remember, New York law requires you to stop and exchange insurance identification information after any accident, no matter how minor. Failing to do so can lead to serious consequences, but understanding your options and acting quickly can make a difference. If you find yourself in this situation, seek legal advice, document everything, and consider steps like enrolling in a defensive driving course to show your commitment to safe driving. By being proactive and informed, you can work to minimize the impact of a hit and run charge on your driving record and your future.
Take Care of the Issue Promptly
If you’ve been ticketed for a hit and run in New York, make sure you focus on a defensive driving online course for ticket dismissal. That can help keep points off your driver’s license and lower the chances that your insurance is going to rise or be canceled. It’s important to be careful behind the wheel but accidents do happen. If you’re involved in one, knowing the laws and taking the right steps can help you protect yourself.
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