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Depending on the circumstances, a driver involved in a fatal car accident in New York may face criminal charges, ranging from misdemeanors to felonies. Penalties may include fines, probation, community service, license suspension or revocation, and imprisonment. The length of jail time varies based on the severity of the charges and the specific case. In some cases, a driver may face civil liability in addition to criminal charges.
Speaking to an experienced attorney like us is crucial when facing potential legal consequences after a fatal car accident. We can evaluate the case, explain potential legal consequences, advise on the best course of action, represent the driver in court proceedings, negotiate with prosecutors to reduce charges or penalties, and gather evidence to build a strong defense strategy. Consulting with an attorney promptly after an accident is essential, as we can protect the driver's rights and help navigate the complex legal system. With a deep understanding of New York's traffic laws and court procedures, we can work to minimize the potential legal consequences and protect the driver's future.
Criminal Charges
The possibility of going to jail for a car accident in New York is uncommon and only occurs if the at-fault driver is found guilty of acting recklessly or intentionally trying to cause harm. The prosecutor's burden of proof involves demonstrating gross negligence when driving or an intention to hurt someone else. Examples of drivers going to jail for causing an accident include first-degree vehicular manslaughter, which involves driving under the influence with a BAC over 0.18% and causing someone's death. The legal consequences for first-degree vehicular manslaughter can include up to 15 years in jail, fines, and license revocation or suspension. Second-degree vehicular manslaughter involves causing the death of another individual while driving under various circumstances and is a Class D felony. It is punishable by up to 7 years in prison, fines, and license suspension or revocation, with a minimum of one-third of the sentence served before parole eligibility.
Civil Liability
In cases of civil liability, the at-fault driver may be sued under wrongful death laws by the decedent's family or estate if the car accident results in death. The statute of limitations for filing a wrongful death claim is generally within two years of the date of death, with some exceptions that may apply, such as in cases involving criminal charges or minors. The plaintiff's burden of proof involves demonstrating that the at-fault party drove carelessly or negligently, which could include failing to obey traffic laws and signals, driving while distracted, fatigued, or drowsy, or failing to properly maintain the vehicle. The plaintiff must show that the at-fault party breached a duty of care, that this breach caused the death, and that the plaintiff suffered damages as a result.
The deceased's family or estate may be entitled to potential compensation for medical bills, including emergency treatment and transportation costs, hospital stays and surgical procedures, and medication and rehabilitation expenses. They may also recover loss of income, including current and future lost wages and benefits, loss of earning capacity, and the value of household services provided by the deceased. Burial and funeral costs, such as the casket or urn, cemetery plot and headstone, and funeral service and memorial expenses, may also be compensated. Lastly, the family may be entitled to compensation for pain and suffering, including emotional distress and mental anguish, loss of companionship, guidance, and support, and punitive damages in cases of gross negligence or intentional misconduct.
Hit-and-Run Accidents
A hit-and-run accident occurs when a driver involved in a collision with another vehicle, pedestrian, or property leaves the scene without stopping to provide their contact and insurance information or render aid to any injured parties. Leaving the scene of an accident is illegal in New York, regardless of who is at fault for the collision. Hit-and-run accidents can involve vehicle-to-vehicle collisions, vehicle-to-pedestrian collisions, collisions with parked vehicles or other property, and single-vehicle accidents where the driver flees the scene.
The penalties for a hit-and-run offense vary depending on the severity of the accident and the resulting injuries or property damage. More severe accidents, such as those resulting in serious bodily injury or death, carry harsher penalties than those involving minor injuries or property damage only.
Potential penalties for a felony hit-and-run include up to 7 years in prison, fines of up to $5,000, and mandatory driver's license revocation. Misdemeanor hit-and-run penalties include up to 1 year in jail, fines of up to $1,000, and potential driver's license suspension or revocation. Traffic infraction/violation hit-and-run penalties include fines of up to $250 and potential driver's license suspension or revocation. In addition to these penalties, a hit-and-run conviction will result in a criminal record, which can have long-lasting consequences on employment, housing, and other aspects of life.
Administrative Penalties
The Department of Motor Vehicles (DMV) or local authorities may impose penalties on drivers involved in car accidents. Fines can range from a few hundred to several thousand dollars for various traffic violations. License suspension can last from a few months to several years for serious violations or being at fault in an accident. License revocation is a more severe penalty than suspension. It can be imposed for multiple DUI convictions, causing a fatal accident while under the influence, or repeated serious traffic violations. The revocation period can last several years or even be permanent in extreme cases.
What to Do When Facing Criminal Charges or Civil Liability After a Car Accident
Causing a fatal car accident is a grave and life-altering event. The emotional trauma and grief experienced by the victim's family and loved ones cannot be overstated. The at-fault driver may face significant legal consequences, both criminal and civil. The severity of the charges and potential penalties will depend on factors such as the level of negligence or recklessness exhibited by the driver, whether the driver was under the influence of alcohol or drugs, the driver's previous record of traffic violations or criminal convictions, and the specific circumstances surrounding the accident.
In New York, causing a fatal car accident can result in serious criminal charges, such as vehicular manslaughter in the first or second degree, criminally negligent homicide, and assault in the first or second degree. These charges can carry substantial prison sentences, ranging from several years to decades behind bars. For example, first-degree vehicular manslaughter is a Class C felony, punishable by up to 15 years in prison. In addition to jail time, the at-fault driver may face significant fines, typically in the thousands of dollars. The driver may also be ordered to pay restitution to the victim's family for expenses such as medical bills, funeral costs, and lost income.
Contacting a knowledgeable car accident law firm is crucial when facing criminal charges or civil liability after a fatal car accident. We can thoroughly investigate the circumstances of the accident to identify any mitigating factors or evidence that may help reduce the charges or penalties. We can review police reports, witness statements, and expert opinions to build a robust defense. In some cases, we may negotiate with prosecutors to have the charges reduced or dismissed, or to secure a more favorable plea deal. If the case goes to trial, we can present a compelling argument to the jury, highlighting any inconsistencies or weaknesses in the prosecution's case.
As your advocate, we will ensure that your constitutional rights are protected throughout the legal process. This includes safeguarding the client's right to remain silent, preventing self-incrimination, and ensuring due process.
Facing criminal charges and potential jail time after a car accident can be a daunting and overwhelming experience. In such situations, it is crucial to seek the guidance of a knowledgeable motor vehicle accident attorney who can protect your rights and help you navigate the complex legal system. The Law Offices of Albert Goodwin is a well-established firm with extensive experience handling thousands of car accident cases. Should you need legal representation, you can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown, Manhattan.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
