Leaving the Scene of a Vehicular Accident in New York: Criminal Charges, Elements, and Penalties

In New York, leaving the scene of a vehicular accident—commonly known as a “hit and run”—is a serious offense with potentially severe criminal consequences. The law requires all drivers involved in an accident to stop, exchange information, and, in certain cases, report the incident to authorities. Failing to do so may lead to criminal charges, ranging from misdemeanors to felonies, depending on the circumstances.

Legal Overview

Under New York Vehicle and Traffic Law (VTL) § 600, a driver involved in an accident must:

  1.  Stop their vehicle at or near the scene,
  2.  Provide their name, address, insurance information, and driver’s license,
  3.  Render reasonable assistance if injury is involved, and
  4.  Report the accident to the police if there is injury or property damage over $1,000.

Elements of the Offense

To be convicted of leaving the scene of an accident, the prosecution must prove:

  *   The defendant was operating a motor vehicle,
  *   The vehicle was involved in an accident causing property damage, injury, or death,
  *   The defendant knew or reasonably should have known that the accident occurred, and
  *   The defendant failed to stop and comply with the required duties under VTL § 600.

Intent to avoid responsibility or lack of knowledge about the accident may serve as defenses but are often contested in court.

Penalties

The severity of the charge depends on the consequences of the accident:

1.

Property Damage Only

 (VTL § 600(1)(a)):

  *   Classified as a traffic infraction.
  *   Penalties: Fine between $250 and $500 and/or up to 15 days in jail.
  *   Driver’s license may be suspended.

2.

Personal Injury

 (VTL § 600(2)(a)):

  *   Charged as a Class B misdemeanor.
  *   Penalties: Up to 3 months in jail and a fine up to $500.
  *   Mandatory license revocation.

3.

Serious Physical Injury

 (VTL § 600(2)(b)):

  *   Charged as a Class E felony.
  *   Penalties: Up to 4 years in prison and a fine between $1,000 and $5,000.

4.

Death or Severe Injury with Aggravating Factors

:

  *   Can be charged as a Class D felony (e.g., if alcohol is involved).
  *   Penalties: Up to 7 years in prison.

Additional Consequences

In addition to criminal penalties, defendants may face:

  *   Civil liability for damages or injuries,
  *   Insurance consequences, including increased premiums or policy cancellation,
  *   Loss of driving privileges, sometimes permanently for repeat offenders.

Legal Defenses

Common defenses include:

  *   Lack of knowledge that an accident occurred,
  *   No injury or damage resulted from the incident,
  *   The driver attempted to report the accident but was unable to,
  *   Misidentification of the driver.

Conclusion

Leaving the scene of an accident is treated with strict scrutiny in New York. Even in minor accidents, the law imposes clear obligations on drivers. Failing to comply can escalate the situation from a simple citation to a criminal record or even incarceration. Anyone charged with this offense should seek immediate legal counsel to understand their rights and potential defenses. Matthew Galluzzo is a former Manhattan prosecutor who has successfully defended numerous individuals accused of this crime in New York City. If you or a loved one have been arrested for this crime, or are being investigated for this crime, you should strongly consider contacting him to discuss his legal services.