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Leaving the Scene of an Accident - Elements of the Offense

In New York, leaving the scene of an accident can be charged as a crime a crime if there is an injury. Leaving the scene of an accident with only property damage constitutes a violation. The maximum penalty for leaving the scene of an accident with only property damages is a fine of $250 and a jail sentence of fifteen days, or both. When a person is injured, the penalty increases to a class B misdemeanor. Any re-offense is classified as a class A misdemeanor. The maximum penalty for a class B misdemeanor is three months in jail and a fine of $500.00, or both. The maximum penalty for a class A misdemeanor is one year in jail and a fine of $1000.00, or both. Where death or serious injury occurs, the maximum penalty for not exchanging information is a class E felony. If the accident victim dies, and the person not only fails to exchange information but also engages in conduct that aggravates the severity of the crime, the penalty can be aggravated to a class D felony. The maximum penalty for a class D felony is seven years in prison and a fine of $5000.00, or both.

If you are charged with leaving the scene of the accident you may be facing jail or prison time. The aggressive and thorough New York criminal defense attorneys at Tilem & Associates will fight to defend your rights. Call us today for a free consultation.

The elements of leaving the scene of an accident are as follows:

  • The driver must know that an accident or an incident has happened, regardless of whether the driver is at fault or not.
  • Damage has been caused to the home or property of another person.
  • Before the driver leaves the scene of the accident or incident, information has not been exchanged with the person whose property has been damaged. This information must include:
    • Name
    • Residence address with the street and home number
    • Insurance carrier’s name and ID number
    • Driver’s license, specifically the driver’s license number
    • Insurance policy ID card, policy number, and the date that the policy was in effect.

When a person fails to give the correct address to the victim of an accident, the law allows the implication of the service of process. This means that if a plaintiff sues a person who caused an accident and gave a false address, and the process server takes the complaint to the incorrect address, service is deemed effective on the incorrect address. This opens a person to the possibility of a default judgment. Default judgement occurs when you do not appear to answer to answer a lawsuit in court. The result of a default judgment is that judgement is entered against the party that fails to appear for court. Default judgments are enforceable, and sometimes, default judgments cannot be vacated. Therefore, it is always advisable to give the correct address to the other party in the event one is in an accident.

If you have failed to provide your correct address to the other party in a car accident and now you are facing a default judgement, the New York tort litigation attorneys at Tilem & Associates will use the most aggressive legal methods to shield you from liability and vacate your default. Our New York tort litigation lawyers will fight tooth and nail to protect you from default judgments and liability for injuries caused in car accidents. Call our office today for a free consultation.

In addition to the documents mentioned above, drivers of transportation network company (TNC) vehicles like Uber and Lyft, have stricter requirements for document disclosure at the scene of an accident. Uber and Lyft drivers or drivers participating in similar “ridesharing’ services must provide

  • Proof of TNC insurance if the accident or incident occurred:
    • When they were logged into the TNC’s digital network and not directed on a trip
    • On a trip as directed by the TNC’s network
  • Disclosure as to:
    • At the time of the accident or incident whether the driver was logged on to the TNC’s network but not directed on a trip
    • If they were on a trip as directed by the TNC

If someone has accused you of leaving the scene of an accident, and a person was seriously injured in the accident, you may be facing jail, prison, or lawsuits. To protect yourself and your rights get toughest and most aggressive representation possible. The New York criminal defense attorneys at Tilem & Associates can provide the results driven representation you need to fight your case. Call our office today for a free consultation.

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