New York City Hit & Run Car Accident Lawyers

Key Takeaways

• The Orlow Firm specializes in hit and run car accidents in New York City, providing top-notch legal support to victims.
• Discovering who is legally liable in a hit and run case is the first option but not essential for obtaining compensation.
• You have limited time to act due to New York’s statute of limitations on personal injury cases.

Why Choose The Orlow Firm for Your Hit & Run Car Accident Case?

• Experienced Team: With years of specialized experience, we have the skills needed to maximize your case effectively.
• Client-Centric Approach: We put your needs at the forefront, offering personalized legal services that focus on getting you the best possible outcome.
• Strong Track Record: Our past successes speak for themselves; we’ve helped countless New Yorkers get the compensation they deserve.

How The Orlow Firm Can Help Maximize Your Case

Navigating the complex legal landscape following a hit and run car accident in New York City can be daunting. This is where The Orlow Firm steps in, ensuring you are in capable hands. We have a specialized team of lawyers who are experts in handling hit and run cases, and we’re committed to helping you maximize your compensation.

From the moment you entrust your case to us, we begin an exhaustive investigation to gather all the evidence needed to build a solid claim. We work closely with accident reconstruction experts to piece together what happened, increasing the chances of identifying the culpable party. In cases where the hit and run driver is identified, we can aggressively pursue them for compensation that covers medical expenses, property damages, emotional trauma, and lost wages. Even if the perpetrator remains unidentified, we can guide you through the nuances of New York’s No-Fault Insurance Law to ensure you still receive the benefits you’re entitled to.

We also excel in negotiating with insurance companies, ensuring that you don’t fall prey to lowball settlements. Our meticulous preparation includes gathering eyewitness accounts, medical records, and any other documentation that could strengthen your case. By relying on our expertise, you improve your chances of receiving the maximum possible compensation, making your recovery journey a bit easier to bear. With The Orlow Firm by your side, you can focus on healing while we concentrate on securing the justice you deserve.

We use a comprehensive approach to investigate your case, gathering crucial evidence and working closely with accident reconstruction experts. Our attorneys are skilled in:

• Negotiating with insurance companies to ensure you get fair compensation
• Identifying potential eyewitnesses and collecting their statements
• Working with medical experts to substantiate your claims for injuries
• Leveraging traffic camera footage and other evidence to identify the hit and run driver

Common Injury Types in Hit & Run Accidents

• Whiplash and Neck Injuries
• Broken or Fractured Bones
• Spinal Cord Injuries
• Traumatic Brain Injuries
• Soft Tissue Damages

Who’s Legally Liable For Hit & Runs in New York City?

Determining legal liability in a hit and run accident in New York City is a complex and often challenging process. In a typical car accident, the at-fault driver would be held responsible for the damages they’ve caused. However, in hit and run cases, the driver who caused the accident flees the scene, complicating the identification process. Once the hit and run driver is located, they can be held legally liable for a multitude of damages, including but not limited to, medical expenses, property damage, emotional distress, and lost wages.

If the fleeing driver is not found, victims still have options under New York’s No-Fault Insurance Law. This allows you to make a claim against your own insurance policy for medical bills and other economic losses, although this typically won’t cover non-economic damages like pain and suffering. Some insurance policies also offer Uninsured Motorist Coverage, which can be invoked in cases where the at-fault driver is not identified or is uninsured.

Identifying the culpable party often involves intensive investigation, including reviewing traffic camera footage, eyewitness testimonies, and other forms of evidence. Police reports and insurance investigations also play significant roles. If a third party, like a negligent road contractor or vehicle manufacturer, contributed to the accident, they too can be held liable.

Understanding who’s legally liable in your specific case can be intricate; that’s why it’s imperative to consult with experienced attorneys like those at The Orlow Firm to navigate the complexities and ensure you are adequately compensated.

What Can Victims Be Compensated For In Hit & Run Accidents In NYC?

• Medical Expenses: Bills for hospital stays, surgeries, and ongoing treatment
• Lost Wages: Income lost due to the inability to work
• Pain and Suffering: Mental and emotional stress
• Property Damage: Repairs to or replacement of your vehicle

Relevant Laws

In New York, hit and run accidents are governed by a series of laws that aim to hold offenders accountable and protect the rights of victims. One of the most significant is New York Vehicle and Traffic Law Section 600, which makes it a legal requirement for a driver involved in an accident to stop and exchange information. Failing to do so can result in misdemeanor or felony charges, depending on the severity of the accident and injuries involved. Violation of this law can result in hefty fines and imprisonment. You can read the full text of this law on the New York State Legislature’s official website.

In addition to criminal penalties, the hit and run driver, once identified, is also liable for civil damages, which can include medical expenses, property damage, and emotional distress.

For the victim, New York’s No-Fault Insurance Law (Insurance Law Section 5103) comes into play. Under this law, you can file a claim with your own insurance company for immediate coverage of medical expenses and lost wages, irrespective of who was at fault. More information on New York’s No-Fault Insurance can be found on the New York State Department of Financial Services website.

Understanding these laws is crucial for any hit and run victim seeking justice and compensation. Legal professionals like The Orlow Firm have deep knowledge of these laws and can guide you through the legal maze to ensure you get the compensation you deserve.

Statute of Limitations

In New York, time is of the essence if you’re a victim of a hit and run accident, thanks to the state’s statute of limitations. According to New York Civil Practice Law and Rules (CPLR) Section 214, you generally have three years from the date of the accident to file a personal injury lawsuit. This time frame applies whether you’re filing against a hit and run driver who has been identified or another liable party. Failure to file within this period usually results in the forfeiture of your right to bring your case to court. You can review CPLR Section 214 in detail on the New York State Legislature’s website.

However, it’s important to note that if your claim involves a government entity—for instance, if poor road conditions or malfunctioning traffic lights contributed to the accident—you have to file a Notice of Claim within 90 days of the incident. You then have one year and 90 days to file a lawsuit, according to New York Court of Claims Act Section 10. The full text can be found on the New York State Legislature’s website.

The complexities surrounding statutes of limitations in hit and run cases make it crucial to consult legal experts like The Orlow Firm. We can help ensure that all legal protocols are followed and that you file within the mandated time frames, preserving your right to compensation.

Statistics

Hit and run accidents are a concerning issue in New York City, both in terms of frequency and the severity of the outcomes. According to the New York State Department of Motor Vehicles, in 2019, there were over 5,000 reported hit and run incidents in New York City alone, leading to numerous injuries and fatalities. You can review these statistics in the DMV’s annual report.

The AAA Foundation for Traffic Safety highlights that New York is among the states with the highest rates of hit and run fatalities. Their study revealed that, on a national level, 65% of people killed in hit-and-run crashes were pedestrians or cyclists. With New York City being a pedestrian-dense environment, this statistic underscores the seriousness of hit and run incidents in the city. You can read more about this in the AAA Foundation’s report on Hit and Run Crashes.

Additionally, a study from the NYC Department of Transportation indicates that dangerous driving behaviors, including hit and runs, spike during nighttime and on weekends. Their research supports the ongoing efforts for stricter traffic law enforcement during these periods. For more details, you can read the report on the NYC DOT website.

These statistics emphasize the urgent need for victims to seek specialized legal help, like that offered by The Orlow Firm, to navigate the complexities of hit and run cases and obtain the justice and compensation they deserve.

Prevention Methods

implementing individual prevention methods can significantly reduce the frequency of hit and run accidents in New York City. Here’s how you can take steps at an individual level:

1. Defensive Driving: Always be alert and attentive while driving. Put away any distractions like mobile phones, and keep a safe distance from other vehicles. Defensive driving can help you react quickly to other drivers’ actions, reducing the likelihood of an accident.
2. Vehicle Maintenance: Regularly check your vehicle’s brakes, lights, and signals. Well-maintained vehicles are less likely to be involved in accidents, which can subsequently prevent hit and run scenarios.
3. Use Technology: Dashcams can provide valuable evidence in the event of an accident. A rear and front-facing dashcam can help capture details of the vehicle and the driver involved in a hit and run.
4. Safe Parking: Choose well-lit and secure areas for parking. This can deter hit and run perpetrators who are more likely to target cars parked in dimly lit or secluded areas.
5. Be a Good Witness: If you witness a hit and run, try to memorize or quickly jot down essential details like the car’s make, model, color, and license plate number. Report these to the authorities immediately to help in catching the perpetrator.

The Orlow Firm firmly believes that individual efforts can collectively make a significant impact in reducing hit and run incidents. By taking these precautions, you are not only safeguarding yourself but also contributing to a safer community.

Frequently Asked Questions

1. What should I do immediately after a hit and run accident?

   • If you find yourself a victim of a hit and run accident, your immediate priorities are your safety and gathering evidence. First, pull over to a safe spot if possible, check for injuries, and call 911 to report the accident and request medical assistance if needed. Make sure to gather as much information as you can about the fleeing vehicle—such as make, model, color, and license plate number—and look for any witnesses who can corroborate the events, as this evidence will be crucial when pursuing legal actions with the help of professionals like The Orlow Firm.

      
2. How can I identify the culprit?

   • Identifying the culprit in a hit and run accident often involves a combination of eyewitness accounts, surveillance footage, and police investigation. Take note of any details you can remember about the fleeing vehicle, such as its make, model, color, and license plate number, and immediately share this information with the authorities. Lawyers like our team at The Orlow Firm can also assist in the investigation by working with forensic experts and leveraging legal channels to obtain crucial evidence.

      
3. What if the culprit is never found?

   • If the culprit is never found in a hit and run accident, you can still seek compensation for your injuries and damages through your own insurance policy, thanks to New York’s No-Fault Insurance Law. Additionally, you may have coverage under the Uninsured Motorist provision of your own auto insurance. Legal experts like those at The Orlow Firm can help guide you through the claims process to ensure you receive the maximum compensation available under your policy.

      
4. Can I sue for emotional distress?

   • In New York, you may be able to sue for emotional distress after a hit and run accident, although these claims can be more challenging to prove than physical injuries. To successfully claim emotional distress, you’ll typically need to show that you have suffered a physical injury as a result of the accident or that the defendant’s conduct was outrageous or extreme. Consulting specialized legal help from a firm like The Orlow Firm can help evaluate the strength of your emotional distress claim and guide you through the complexities of New York personal injury law.

      
5. What is the penalty for leaving the scene of an accident in NY?

   • In New York, leaving the scene of an accident without reporting it is a serious offense that can result in varying penalties depending on the severity of the accident. For accidents involving property damage only, the driver could face a fine of up to $250 and/or imprisonment for up to 15 days. If the accident leads to physical injury or death, the driver could face felony charges, with penalties ranging from hefty fines to significant jail time.

      

Don’t let a hit and run accident dictate your life. Trust The Orlow Firm, your New York City Hit & Run Car Accident Lawyers, to get you the justice you deserve. Contact us today for a free consultation.

Call (646) 647-3398 to speak with an attorney at the Orlow Firm.