Hit and Run Accident Lawyer in Amityville

Have you or someone you love been hurt in a collision with a driver who decided to flee the scene? A moment of recklessness by another driver can change your life in an instant, leaving you with painful physical injuries, major financial strain, and many unanswered questions.

However, you shouldn’t have to handle this set of circumstances all by yourself. Instead, let us stand by your side and help you seek the compensation you deserve. At Levine And Wiss, we’re ready to represent you as your hit and run accident lawyer in Amityville. 

We’re not afraid to litigate on your behalf. With over 100 years of combined experience, our attorneys have recovered hundreds of millions in compensation. In that time, we’ve served thousands of clients, and we can advocate for you as your Amityville car accident lawyer.  

Legal Definition of a Hit and Run in the State of New York

In New York, a hit and run refers to a driver’s unlawful failure to remain at the scene of a motor vehicle accident. 

Under New York Vehicle and Traffic Law (VTL) § 600, drivers must stop and provide their name, address, insurance information, and driver’s license number to the other party or a responding officer when any of the following details are true:  

• A person is injured or killed
• Property—including vehicles, bicycles, and real estate—is damaged
• A domestic animal is injured or killed

If a driver flees without fulfilling this duty, they can face criminal charges, even if the accident was not their fault. Now, let’s take a closer look at the two categories hit and run offenses are divided into in New York.   

The sooner you contact a personal injury lawyer in Amityville, the sooner your attorney can help you understand the full extent of these laws and how they apply to or affect your case. 

Property Damage Only

Classified as a traffic infraction under VTL § 600(1), penalties may include fines up to $250 and up to 15 days in jail.

Injury or Death

This is considered a criminal offense under VTL § 600(2). That said, if the crash causes physical injuries and the driver flees the scene, it may be charged as a Class B misdemeanor, which might result in up to 90 days in jail and a $500 fine. 

If the crash causes serious physical injury, it is often elevated to a Class E felony, which carries consequences like up to four years in prison. However, if the crash results in death, it may be charged as a Class D felony, which typically results in up to seven years in prison instead.

In addition to criminal penalties, the decision to flee the scene of an accident can result in license suspension or revocation by the New York Department of Motor Vehicles (DMV).

What Counts as “Serious Physical Injury” Under New York Law?

In hit and run cases involving injuries, the degree of harm influences the severity of the criminal charges. Under New York Penal Law § 10.00(10), “serious physical injury” is defined as an injury that pertains to any of the following:

• Creates a substantial risk of death
• Causes death
• Results in serious and protracted disfigurement
• Results in protracted impairment of health or loss and impairment of a bodily organ

Examples may include traumatic brain injuries, internal organ damage, broken bones, severe burns, or spinal cord injuries. Prosecutors often consider medical reports and professional opinions when determining whether an injury qualifies as “serious” in a legal sense.

Civil and Criminal Proceedings After a Hit and Run

Justice in the aftermath of a hit and run incident can take two different forms: 

• Criminal case: Initiated by law enforcement and prosecuted by the District Attorney’s Office, the purpose is to hold the fleeing driver accountable for violating the law.
• Civil case: Initiated by the injured party to recover financial compensation for losses, this includes medical bills, lost income, vehicle repairs, or pain and suffering, along with other damages.

Even if the criminal case fails or the driver is never found, victims still have the right to pursue civil compensation. This is often done through their own uninsured motorist (UM) coverage, which your Amityville hit and run accident attorney can explain in greater detail.  

What Happens if the Hit and Run Driver is Eventually Found?

If the at-fault driver is later located some time after the hit and run crash, the victim may pursue compensation through the driver’s liability insurance. This is true when the policy was in effect at the time of the collisions. Unfortunately, in some cases, the driver is uninsured or underinsured. 

If the victim has already received UM benefits or MVAIC compensation, they may need to repay those amounts out of any additional settlement. Meanwhile, if the driver is convicted in criminal court, their conviction may be used as evidence of negligence per se in a related civil case. 

This means the legal violation itself helps establish the driver’s fault. Victims might also be eligible for punitive damages in civil court if the driver’s conduct was especially reckless in any of the following ways: 

• Fleeing after causing severe injury
• Driving while intoxicated
• Failing to render aid 

Ultimately, what happens if the hit and run driver is eventually found can vary based on the specific details of your circumstances. The sooner you reach out to an Amityville hit and run accident attorney, the sooner your lawyer can help you understand what to expect. 

Reach Out to Our Hit and Run Accident Law Firm in Amityville For More Information About What We Can Do For You 

If you or a loved one has suffered injuries as a result of a hit and run collision, know that you do not have to go through this experience on your own. The pain, stress, and uncertainty can feel like it’s too much to handle, but we hope it brings you solace to know that help is out there.

More specifically, the hit and run accident lawyers in Amityville at the law firm of Levine And Wiss have you covered. We know how to handle cases like yours, and our hit and run accident attorneys in Amityville are here to help. Call now to learn more about how we can assist you.