Car damaged on the side after a hit and run accident

Defending against hit-and-run charges in New York is a complex process involving an in-depth understanding of state laws and a good strategy for legal defense.  Suppose an individual is accused of leaving the scene of an accident without providing their information or assistance. In that case, they can face serious legal repercussions, including fines, license suspension, and jail time. It might be necessary to utilize a legal strategy that includes challenging the evidence, proving that the individual did not know that they hit someone or something, or negotiating for reduced charges. Since convictions can lead to severe consequences, finding a skilled criminal attorney who can fight for you is essential. Michael A Arbeit, P.C. will strive to achieve the best possible outcome for your matter and will continue fighting for you until he reaches that goal.  

Hit-and-run accidents in Long Island, as in the rest of New York State, are treated with seriousness due to the potential harm they cause to individuals and property. The legal framework surrounding these incidents involves criminal penalties, civil liabilities, and specific defenses that may apply under certain circumstances. Below is a detailed discussion of the ramifications and defenses related to hit-and-run accidents in Long Island and New York broadly.

Criminal Ramifications Of Hit-And-Run Accidents In New York

  • Legal Obligations at the Scene: Drivers involved in an accident in New York resulting in property damage or injury to another party are legally required to stop and exchange information, which may include providing one’s name, address, and insurance information. If the accident involves injury or death, the law requires the driver to report the incident to the police immediately.
  • Charges and Penalties: Failure to comply with these obligations can lead to charges of leaving the scene of an accident, commonly known as hit-and-run. The severity of the charges can range from a misdemeanor for property damage without personal injury to a felony for accidents involving serious injury or death. Penalties can include fines, imprisonment, and suspension or revocation of the driver’s license.
  • Civil Liabilities: Victims of hit-and-run accidents in New York can pursue compensation through civil lawsuits. The damages may include medical expenses, lost wages, property damage, and pain and suffering. In cases of fatal accidents, the victim’s family may seek wrongful death damages.

Defenses Related To Hit-And-Run Accidents In New York

Several defenses may be available to individuals charged with hit and run in New York:

1. Lack of Knowledge: A potential defense is that the driver was unaware an accident occurred. This might apply in cases of minor contact or if the driver did not realize their vehicle caused damage or injury.

2. Unintentional Failure to Report: The defendant might argue that they intended to report the accident but could not due to circumstances beyond their control, such as being injured in the accident themselves.

3. Identification Issues: In some cases, the defense might question the accuracy of the vehicle identification or the driver involved in the hit-and-run.

4. Emergency Circumstances: It is not common, but in rare situations, a defendant might successfully argue that they left the scene due to an immediate need to avoid more significant harm, such as needing to rush an injured passenger to the hospital.

Legal Process and Representation

Individuals facing charges or involved in civil litigation related to a hit-and-run accident should seek legal representation. A skilled attorney can navigate the complexities of the legal system, work to protect the defendant’s rights, and aim to achieve the best possible outcome given the circumstances.

Contact Our Long Island & New York Hit and Run Defense Lawyer

It is important to note that the specifics of any legal case can vary widely based on the facts involved. It is essential to consult with a New York attorney experienced in traffic accidents and personal injury law in New York. If you find yourself involved in a hit-and-run accident, the law firm of Michael A. Arbeit, P.C. will challenge charges brought against you and work hard to obtain a successful outcome in your case. Contact us today.

Michael A. Arbeit, P.C. assists clients with hit-and-run charges throughout Long Island, including Nassau County, Suffolk County, Garden City, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.