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You’ve just struck another vehicle, so you decide to slow down and pull over. But before you do, you consider the possible implications of being in an accident, what it could mean for your insurance rates, and other matters. In a panic, you decide to drive off and hope that the other driver cannot identify you.
Leaving the scene of an accident before exchanging insurance and identifying information with the other driver is illegal in New York. Also known as a hit and run, the decision to leave the scene could cause you serious legal and financial consequences. Find out how Michael A. Arbeit, P.C. can defend your rights in court and seek the best possible outcome to any prosecution you face.
New York Law Regarding Driver Duties After an Accident
If you are involved in an automobile accident, you must pull over and stay at the scene of the wreck to share vehicle, insurance, and contact information with the other driver(s) and responding officers. The law makes a distinction between two types of hit and run accidents:
Leaving the scene of an accident with property damage
Even if there was only property damage, a driver can be arrested if they were in an accident, they knew or had reason to know the accident caused damage to another person’s property, and they did not stop. Upon stopping, the driver should provide their driver’s license, insurance card, and name and address to the other property owner. Alternatively, for instance if the driver hits a parked car and cannot find its owner, they can report the incident to the nearest police station.
Leaving the scene of a property damage accident in Long Island is technically a vehicle infraction rather than a crime. Nonetheless, if convicted, a driver can face up to 15 days in jail, a fine of up to $250 (plus a mandatory court surcharge of up to $93), or both jail and a fine. The driver will also have 3 points added to their driving record and will have to pay higher insurance premiums.
Leaving the scene of an accident with personal injury
An accident that causes personal injury is more serious than one with only property damage, so a hit and run has more consequences. In addition to the above steps, the driver should report the accident to a police officer or the nearest police station. Conviction will give the driver a criminal record, and the exact punishment depends on the circumstances:
- Class B misdemeanor: If the driver only failed to provide the required information (license, registration, insurance), they face a class B misdemeanor charge. It is punishable by a fine of between $250 and $500 and/or a jail sentence of up to 90 days.
- Class A misdemeanor: The crime becomes a class A misdemeanor (even on a first offense) if the driver failed to do something besides providing the above information, such as failure to stop and remain at the scene. It will also be charged as a class A misdemeanor if it’s the driver’s second offense. The defendant can expect a fine of up to $1,000 and up to one year in jail.
- Class E felony: If the charge is based on a failure to stop and take the above steps, and the victim suffered serious injury, it will be a class E felony. The fine will be between $1,000 and $5,000 and the jail sentence will be up to four years.
- Class D felony: The charge moves from a class E to a class D felony if the victim dies. The fine will be between $2,000 and $5,000 and the sentence will be up to seven years in prison.
A convicted driver will also have 5 points added to their driving record and face insurance premium increases. The State of New York increased the points from 3 to 5, effective January 3, 2025. Lastly, the court surcharge of up to $93 applies.
Advocating for Your Rights in the Criminal Court System
Have you been charged with fleeing the scene of an accident in Long Island, and you aren’t sure what to do next? It’s time to speak with an experienced criminal defense counsel who understands the law and can effectively advocate for you. To get started, give us a call or complete our online contact form.