Is a Hit and Run a Felony in NY?
In the state of New York, leaving the scene of an accident after causing damage to property, injury, or death, is considered a serious crime. The crime of hit and run, also known as leaving the scene of an accident (VTL § 600) can range in severity, but under some circumstances, it can be a felony. Yes, in NY, a hit and run can be a felony. In this article, we will explore the laws, penalties, and potential outcomes for those involved in hit and run accidents in the state of New York.
What Constitutes a Hit and Run?
A hit and run can be defined as when a person involved in a car accident, either as the operator or owner of a vehicle, fails to provide personal information, rendering aid to injured parties, or informing the authorities about the incident. This applies to cases where the accident resulted in property damage, personal injury, or fatalities.
In New York, specifically, the law mandates that drivers must:
- Stop their vehicle
- Provide personal identification information (name, address, and vehicle information) to the other party, an injured person, or to the police
Report the accident to the authorities if someone has been injured or killed
Failure to comply with these requirements may result in a violation of VTL § 600, also known as the "hit and run" law.
The Severity of a Hit and Run in NY
A hit and run conviction can vary in severity depending on the circumstances of the incident:
- VTL 600.3: Accidents resulting in minor injuries or property damage only – misdemeanor
- VTL 600.3(c): Accidents resulting in serious injury (such as broken bones) or significant property damage (like damage to structures) – Class A misdemeanor, punishable by up to a year in prison
- VTL 600.3(d): Accidents resulting in fatalities, serious injury (as stated above), or multiple crashes – Class D felony, punishable by 1 1/2 to 7 years in prison
Felonies and Hit and Runs: What’s at Stake
In cases where the circumstances are severe enough, leaving the scene of an accident can lead to Class D felony charges, including:
- Felony sentences ranging from 1 1/2 to 7 years in prison
- Higher fines: up to $5,000
- Drivers license suspension: a potential 1-5 year suspension
- SR-22 requirement: demonstration of financial responsibility, likely to increase insurance rates
- Repercussions on future licenses and records: a conviction may make it difficult to secure certain licenses, or to overcome future insurance applications
It is essential to note that authorities will investigate every aspect of the incident to determine whether the driver should face serious charges.
Why Fleeing the Scene Makes Matters Worse
It may seem like the driver could avoid severe penalties by remaining at the scene of the accident. However, fleeing the scene of a hit and run incident tends to make things worse: authorities may investigate more intensively, witnesses may identify the fleeing vehicle, and the driver’s license might be suspended as a consequence.
Best Practices and Consequences
Immediately report the incident: Cooperate with the authorities to ensure a fair and complete investigation.
- Provide full information about the incident and any injuries, even if you believe it may increase your insurance costs
- Be honest and truthful; lying or attempting to fabricate the truth may amplify charges
Key Facts and Statistics:
According to the New York State Police, in 2018:
- 38% of all fatalities resulting from crashes involved drivers who did not stop to report the incident
- Over 25% of fatalities related to hit and run cases were pedestrians
In an effort to minimize hit and run incidents and associated charges, it is essential for drivers to exercise responsible conduct and follow traffic regulations, including reporting incidents involving serious injuries or property damage.
Conclusion: A Felony Hit and Run in NY
While the stakes of a hit and run crime may seem intimidating, being aware of the law’s requirements and understanding the gravity of the offense is vital. By adhering to the reporting procedures, providing accurate information, and immediately reporting the incident, a driver can help reduce their potential penalties.
It’s crucial to highlight key points to help spread awareness:
• Stop the vehicle and stay on the scene
• Provide identifying information to those involved in the accident or authorities
• Report serious incidents immediately
Remember that even slight deviations from the legal norms can lead to more significant consequences. Be vigilant on the roads and responsible at the scene, knowing the serious legal and fiscal penalties associated with leaving a hit and run unattended.
Important Contact Numbers and Resources:
National Highway Traffic Safety Administration: (202) 366-4440
New York State Department of Motor Vehicles: (518) 474-4945
New York State Police: (518) 474-5769
American Automobile Association (AAA): (877) AAA-HELP
If you have been involved in a hit and run or wish to learn more about related laws and procedures, this article aims to guide and inform you about the possible consequences and implications. If you have questions or require further assistance, consider contacting the relevant authorities or authorities.
