If you are ever the victim of a hit and run in New York, you should immediately call 911 to dispatch law enforcement and medical personnel to your location and receive treatment while the police investigate. After you are safe, you should consider pursuing compensation for your damages.
It’s scary to think that a driver could accidentally hit you with their car and flee the scene, leaving you hurt and alone, waiting for help to arrive. Unfortunately, these accidents are common. The Long Island hit and run accident lawyers from our firm will seek compensation for your injuries from the liable party.
- What to Do if You are the Victim of a Hit and Run in New York
- How will a Lawyer Build Your Hit and Run Case?
- What is a Hit and Run?
- What are Your Legal Options After a Hit and Run?
- Learn More About What to Do in a Hit and Run in New York Today
What to Do if You are the Victim of a Hit and Run in New York
As the victim of a hit and run, you will likely experience confusion and shock. Your adrenaline is pumping, and thinking clearly could be difficult. Being the victim of a hit and run is a traumatic experience, but there are steps you should take in the aftermath of a collision to protect yourself and assist law enforcement in the arrest of the other driver.
After a hit and run in New York, you should:
- Get to safety: The most important thing to do is get yourself out of harm’s way if possible. If you were struck by a vehicle in a crosswalk, you should move to a safe place nearby to wait for police and medical professionals to arrive. Do not attempt to chase down the negligent driver.
- Call the police: A hit and run is a crime. Law enforcement will immediately begin an investigation and search for the perpetrator. They will also document the hit and run and write a police report. Try to remember any details about the accident, such as the license plate number -or whatever parts of it you can make out and recall- and the color, make, and model of the vehicle, as well as details about the driver, if you saw them.
- Seek medical attention: Your wellbeing should come first, so seek immediate medical treatment. Some symptoms of injuries do not present right away. Your doctor will also document your injuries and treatments.
- Collect evidence: If you are able to do so safely, take photographs of the scene, your injuries, and even the other vehicle. Request a copy of the Collision Information Exchange Report (in some jurisdictions in New York, this will be called an “Accident Information Exchange Form” ) this will provide details that will simplify obtaining the more formal Police Accident Report), and gather contact information from witnesses.
- Consult a lawyer: You have injuries and resulting financial losses, so consulting a lawyer after a hit and run allows you to review the options available to you. This includes filing a personal injury lawsuit to recover compensation for your expenses.
It’s important that you remain at the scene after a hit and run incident. Try to remember which direction the other driver fled so police have a place to start searching. Every detail you remember, and every piece of evidence you gather is potentially important. Gathering information at this very early stage is the beginning of the process of building a case to recover compensation for your injuries and other damages. Taking action in a timely manner (if possible) increases the likelihood that the at-fault driver will be apprehended and that your case will result in the best possible outcome.
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How will a Lawyer Build Your Hit and Run Case?
If you were hurt in a hit and run incident, your medical bills are likely piling up, and you probably can’t work because of your injuries. You want to recover compensation from the liable party, and you want justice.
A lawyer from our firm will lay out your legal options and assist you as you consider a path forward. Having an attorney evens the playing field since the liable party and their insurer will have legal representation as well. A lawyer will also explain how the legal process works and answer your questions in non-technical terms.
Your lawyer will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
In addition, your lawyer will protect your rights and work to meet all deadlines in your case, including the statute of limitations that regulates when you can file a personal injury lawsuit. You do not have to fight this battle by yourself.
What is a Hit and Run?
A hit and run occurs when another driver hits you with their car and flees the scene of the accident. If you suffer serious injuries, the driver could face felony charges. You are also entitled to recover compensation for your damages.
Whether you were hit by another driver while you were walking, riding your bike, or driving your car, the at-fault driver has a duty to operate their vehicle in a manner that does not expose you to an unreasonable degree of danger.
What Do New York’s Laws Say About Hit and Runs?
NY VAT § 600 addresses a driver’s duties in the event of an accident where someone suffers an injury. Pursuant to this section of the law, best practices in a car accident in New York State would call for a driver to stop, call 911, exchange information (such as contact and insurance information) with you, and remain at the scene until law enforcement and medical professionals arrive.
Unfortunately, in hit and run cases, the driver of the vehicle flees the scene without taking the steps mentioned above, usually in an effort to avoid the legal and financial consequences of their negligence. Drivers sometimes leave an accident scene because:
- They were under the influence of alcohol or drugs when they hit you
- They are underinsured or uninsured
- They were driving with a suspended license or no license at all
- They put greater importance on avoiding inconvenience than they do on making sure you are OK and complying with the law
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What are Your Legal Options After a Hit and Run?
Your options will depend on whether or not the police and/or your legal team are able to find the hit and run driver.
If we do find the driver, not only can they face criminal charges, but you also have the right to file a civil lawsuit for the damages you suffered because of their actions. Damages often include but are not limited to:
- Pain and suffering
- Disability
- Medical expenses
- Property damage
- Loss of wages
If we do not find the driver, you still have ways of recovering compensation. Our Long Island car accident lawyers will work with you to file a claim with your own no-fault insurance and uninsured motorist coverage, or to identify another at-fault party who might share liability for your injuries. Other liable parties might include:
- The government department in charge of road maintenance
- An auto, bike, or motorcycle manufacturer
- Another driver whose reckless actions contributed to the hit and run accident
Even if your car insurance denies your claim, do not give up: our New York personal injury attorneys will protect your rights against anyone who tries to deny you appropriate damages.
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Learn More About What to Do in a Hit and Run in New York Today
Our law firm has over three decades of experience fighting for compensation for car accident victims like you. When someone else’s negligence results in you getting hurt and sustaining financial losses due to your injuries, you have the right to recover compensation.
Friedman & Simon, L.L.P., will also assist you in up to six different languages because we believe language barriers should not prevent you from accessing competent legal representation. To learn more about hit and runs in New York, or to talk to us about your case, call for a free consultation today.
Call or text 516-932-0400 or complete a Free Case Evaluation form