A hit-and-run accident, in the context of New York law, refers to a distressing incident where a motorist involved in a collision flees the scene without stopping to provide necessary information or aid.
This unlawful act leaves the victim in a vulnerable position, often without any means of identifying or holding the responsible party accountable. Hit-and-run accidents can take various forms, each with its own set of legal implications.
Keep reading to understand the types of accidents that derive from a hit and run and how The Ward Law Group is able to assist you if you encounter a similar frustrating situation.
Types of Hit-and-Run Accidents
There are two primary types of hit-and-run accidents:
- Those involving property damage
- Those resulting in personal injury
In cases of property damage, the perpetrator might collide with another vehicle, a parked car, or even private property and then hastily depart the scene. This situation might be frustrating because when you find out that your car was hit, there might not be anyone at the place, and you may feel angry about the fact there’s no one to blame.
On the other hand, personal injury hit-and-run accidents involve a motorist striking a pedestrian, cyclist, or another vehicle occupant and subsequently fleeing without offering assistance.
This type of situation is even worse because you may have severe injuries due to the accident, and it is not fair that you have to suffer the consequences of somebody else’s negligent acts.
Common Scenarios Leading to Hit and Run Incidents
Hit-and-run accidents can occur in a range of scenarios, often influenced by factors such as traffic congestion, time of day, compliance with law requirements, and driver impairment.
One common scenario involves accidents at intersections, where quick getaways may be facilitated by the confusion of traffic patterns. Parking lots and residential areas also witness their fair share of hit-and-run incidents, as they provide ample opportunities for a fleeing driver to escape unnoticed.
In parking lots and residential areas, one thing that can help a lot is the presence of security cameras or surveillance cameras placed to monitor any act that could endanger the lives and visitant property, and it also helps the property owner to provide evidence that takes liability out of them.
Additionally, hit-and-run incidents often occur during adverse weather conditions or low visibility, making it easier for a perpetrator to evade detection. In some cases, impaired or intoxicated drivers may flee the scene in a misguided attempt to avoid legal consequences, exacerbating the seriousness of the situation.
Legal Consequences for Perpetrators
In New York, the law takes hit-and-run accidents very seriously. Perpetrators who flee the scene of an accident face severe legal consequences, which can include criminal charges, hefty fines, and even imprisonment.
Furthermore, they may be held civilly liable for any damages or injuries sustained by the victim. It is crucial for those involved in hit-and-run accidents to report the incident promptly to law enforcement and seek legal representation to ensure their rights are protected.
If you or a loved one has been the victim of a hit-and-run accident in Yonkers, it is imperative to consult a skilled hit-and-run accident lawyer. A knowledgeable attorney can guide you through the legal process, help identify the responsible party, and pursue the compensation you deserve.
With their expertise in New York personal injury law, they can provide invaluable support during this challenging time, ensuring your rights are upheld and justice is served.
Legal Aspects of Hit and Run Accidents
It is known by the legal community that hit-and-run accidents in Yonkers present a unique set of challenges. Determining liability in such cases requires a careful examination of the circumstances surrounding the incident.
Liability is typically established by evaluating the evidence at hand. This can include physical evidence such as vehicle damage and skid marks, as well as witness statements.
Eyewitnesses play a crucial role in identifying the responsible party in a hit-and-run accident. Their firsthand accounts can provide invaluable information about the vehicle involved, the driver, and even details about the events leading up to the collision.
Promptly collecting witness statements, along with their contact information, is essential for building a strong case. However, eyewitnesses may be lacking in an investigation depending on the time of the crash. If the accident took place at night and in an isolated or in a street with little traffic, it might be difficult to find eyewitnesses who actually could have seen the perpetrator.
Furthermore, physical evidence plays a vital role in tracking down hit-and-run offenders. This can range from paint transfer and debris left at the scene to surveillance footage from nearby businesses or traffic cameras.
Modern technology and forensic techniques have significantly improved the ability to reconstruct accidents and identify vehicles involved, even in cases where the driver has fled the scene.
When it comes to pursuing a legal claim for a hit-and-run accident in Yonkers, it's crucial to be aware of the statute of limitations. In New York, there is a limited timeframe within which a victim must file a claim.
Generally, the statute of limitations for personal injury claims, including hit-and-run accidents, is three years from the date of the incident. However, it's important to consult with an experienced hit-and-run accident lawyer to understand any specific nuances that may apply to your case.
Navigating the legal aspects of hit-and-run accidents can be a complex process, especially without the assistance of a knowledgeable attorney. A seasoned hit-and-run car accident lawyer in Yonkers can leverage their expertise in New York personal injury law to help victims seek the compensation they deserve.
By thoroughly examining evidence, interviewing witnesses, and understanding the statute of limitations, a skilled attorney can build a compelling case and advocate for the rights of the injured party.
Injury and Medical Implications
It is difficult to write in a chart the injuries that are sustained in a hit-and-run accident because it can involve a wide range of injuries depending on the type of accident. It could have been a rear-end accident, a rollover accident, a pedestrian runover, etc.
We know that victims can suffer from minor concussions to severe traumatic brain injuries that can impair the life of a person. But that will depend on the nature of the accident itself.
Our hit-and-run accident lawyers have assisted people who have been victims and suffered injuries such as:
- Head trauma
- Traumatic brain injury
- Broken bones
- Internal organ damage
- Burns and lacerations
- among others.
What Kind Of Compensation Can I Get From A Hit And Run Accident?
New York is a “No-Fault” state, which means that no matter who the wrongdoer was, any driver and passenger are covered by the car insurance policy that the driver must have if they are complying with transit laws.
They must present a claim with the insurance company and provide evidence of the accident. Basic coverage for personal injury protection (PIP) is $50,000 and up to $100,000 if there is a fatality. Drivers may have options to increase the coverage if they pay higher premiums, but those are the numbers for a basic one.
Normally, if the accident is not too severe, the coverage can be good enough to pay for the medical bills. However, when the injuries are serious and the basic coverage falls short, the victim needs to file a claim with the at-fault driver’s insurance.
Nevertheless, in a situation where the at-fault driver fled the scene, the victims are vulnerable. There is insurance when drivers face a situation when the at-fault driver is uninsured or fled the accident scene turning into a hit-and-run accident in Yonkers.
Using that insurance, victims can get more compensation to pay for their expenses. However, sometimes when serious injuries have long-term consequences, victims may not receive compensation that covers that much.
If, by any chance, law enforcement or private investigators find the wrongdoer, you can file a personal injury lawsuit against that driver to get non-economic damages which include pain and suffering, loss of enjoyment of life, loss of companionship, and emotional distress, among others.
On top of that, you can also add punitive damages that are meant to punish the wrongdoer for fleeing from the car accident scene and prevent them from doing it again.
Get Help From A Hit and Run Accident Lawyer
We understand your rage and frustration when dealing with a hit-and-run accident in Yonkers. It is uncomfortable to deal with the stress and all the pain and suffering from an accident that was not your fault, and besides that, the wrongdoer is not there to face the consequences.
The Ward Law Group is here to provide you support in those times of need, and make sure to run a thorough investigation to find the location of the at-fault party. We can work with private investigators who are successful in these cases and who have worked with us in the past.
We commit to justice and to fight for fair compensation for you or your family. Don’t hesitate to contact us for a free consultation on your case. Remember that you have a timeframe to present the claim, don’t wait until it is too late. Call us at 855-DOLOR-55 for a free review of your case.