- January 15, 2021
- kaplanlaw
- Vehicle Accidents
A hit-and-run lawyer can help if you were involved in an accident where the driver fled the scene.
In New York, a hit-and-run accident is viewed as leaving an accident scene in which you were involved without reporting it; and there are a wide range of reasons this occurs, from a simple emotional reaction to making an attempt to avoid the unpleasant consequences.
Hit-and-run drivers come from all walks of life: working class folks, the affluent, students, senior citizens, stay-at-home moms, doctors, bankers, and criminals. Almost six people are killed in hit-and-run accidents every day and many more are injured. In 2018, hit-and-run accidents resulting in injuries in NYC reached 5,137. More people are fleeing accident scenes than at any other time since authorities began keeping the statistic in 1975.
Hit-and-run cases are complicated, as they involve tracking down the driver who fled the scene or trying to collect money from insurance companies that are out for profit and will try to pay out as little as possible. Fortunately, if you or a loved one is a victim of a hit-and-run crash, a hit-and-run lawyer can help you get compensation for your losses. An attorney familiar with hit-and-run cases can conduct an investigation into who the at-fault driver is and how to find them, often the only way to get full compensation for all of your injuries.
At Kaplan Law, PC, our firm has access to investigators, medical experts, financial professionals, and others who can help you receive damages. We know how to negotiate with insurance companies for a fair settlement and are fully prepared to take your case to court if necessary. We offer a free, confidential consultation to discuss the facts of what happened and determine the best way to proceed with getting you justice and the compensation you deserve. Call us today at (516) 399-2364 to get started working on your case while evidence is fresh and witnesses can be found.
Why Would Hit-and-Run Drivers Flee the Scene of an Accident?
In New York, there are serious consequences if you leave the scene of an accident without giving the other driver your information. New York’s Vehicle Traffic Law (VTL) section 600 requires anyone involved in an accident to stop their vehicle and trade information with the other driver. Failing to do that is counted as a hit and run even for minor accidents, and the driver faces getting a ticket, rising insurance costs, a possible lawsuit, and other unpleasant consequences, as follow:
- If only property damage is involved — punishments include a fine of up to $250, up to 15 days in jail, and three points on your license.
- If someone was injured in the accident — it is a misdemeanor with a fine of $250 to $1,000, and 90 days to a year n jail, depending on whether it is a first-time offense.
- If there is serious injury – it is a class E felony punishable by a fine of $1,000 to $5,000 and potential prison time.
- If the accident led to death – it is a class D felony with a $2,000 to $5,000 fine and up to seven years in prison.
There are many reasons why drivers flee the scene of an accident. Wanting to avoid the above punishments is a major motivator. Many drivers may see the legal consequences for driving under the influence of alcohol or drugs, texting while driving, not having liability insurance when they cause an accident, or even something so simple having an expired driver’s license, as a “threat” to their safety – in this case, their driving safety. When it comes to hit and run, they think that if they leave the scene, they probably won’t get caught.
Some other reasons why hit-and-run drivers leave include:
- The driver is driving a vehicle without permission, or it’s stolen.
- The driver is driving an employer-owned vehicle and does not want his employer to know that he got into a crash.
- The driver has outstanding warrants for his arrest for unpaid tickets or other crimes.
- The driver is in this country illegally.
- The driver is transporting illegal goods or drugs.
- Drivers with a commercial driver’s license who flee the scene can lose that license for a year.
- Leaving the scene of an accident when there are injuries can result in a criminal conviction and a criminal record.
Why Would Someone Leave the Scene of an Accident?
Psychologist Emanuel Robinson with the Westat Center for Transportation, Technology and Safety Research says that anytime we get into an accident we get emotional. “Most people remain at the scene. Some of them are so filled with adrenaline that they argue over who is to blame, but… others just want to get out of there.” Robinson adds that they get scared and don’t know what to do – so they just leave. “People are also really good at rationalizing,” he continues. “They’ll say, ‘it’s nothing, just a little scrape, I don’t need to stay around.’”
Another reason why drivers flee the scene is they’re uninsured and have no financial means to pay the compensation owed to injured victims. But just because they fled the scene doesn’t mean the negligent driver can evade his or her financial obligations. Concerned witnesses remember things such as some or all of a license plate number or the appearance of the negligent driver’s damaged vehicle, or they may have even snapped a quick picture. Security cameras are everywhere now, so maybe one recorded good video or images which the police or an experienced attorney can use to find the driver and hold him/her accountable (both criminally and compensation-wise).
Compensation for Hit-and-Run Victims (if the negligent driver remains unidentified)
Drivers or passengers injured in an accident by someone who is uninsured or who carries only the minimum insurance required may be limited in their ability to recover for their medical bills, lost income or pain and suffering unless they have access to additional coverage through the uninsured or underinsured (UM/UIM) features on their own auto insurance policy.
When people make claims against their UM/UIM coverage for hit-and-run accidents, they need to provide their own insurance company with “proof of physical contact” and evidence that their injuries or property damage arose from the contact. Legitimately injured victims of a hit-and-run should not have any problem meeting this documented burden of proof.
Recovery under a New York UM/UIM policy varies, depending on the amount of coverage a driver has on his or her policy and the amount of insurance the at-fault driver has. The victim’s UM/UIM coverage begins to pay for damages only after the at-fault driver’s policy is exhausted – assuming one is found.
If you have uninsured or underinsured motorist protection (UIM) on your insurance policy, our attorneys can help make sure you are fully compensated for damages. Insurance companies are more likely to take your claim seriously if they know you have an attorney on your side. We will aggressively negotiate with insurance adjusters and their lawyers for the compensation you deserve. If you have any questions about hit-and-run or UM/UIM insurance, please consider Kaplan Lawyers PC at your service.
Hit-and-Run Attorneys Can Pursue a Claim for Damages
If the driver was found, our attorneys can help you pursue a personal injury claim for compensation for both your economic and non-economic damages as follows:
Economic damages – are for losses that can be quantified monetarily, such as:
- Medical and rehabilitation bills
- Lost income from being unable to work, current and estimated into the future
- Property damage.
Noneconomic damages – are for damages it is difficult to put a dollar value on, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of quality and enjoyment of life
- Disfigurement, or permanent loss of limb.
While economic damages pay your bills, non-economic damages go directly to benefit you as compensation for the pain and suffering resulting from the accident, and they often are the largest part of a settlement.
Punitive damages — In some rare cases, where a defendant acted extremely egregiously and recklessly, you may also be awarded punitive damages. These are intended to punish the defendant and to deter such actions in the future.
What is the Difference Between Hit and Run and Leaving the Scene of an Accident?
These are two different terms that describe the same thing. No matter what you call it, if you or a loved one has suffered serious injuries by a hit-and-run driver, let Kaplan Law do the work of investigating your case, tracking down the at-fault driver, negotiating with insurance companies, and taking your case to court. Call us today at (516) 399-2364.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]