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As hit and run accident lawyers in New York City, we can assist you in obtaining reasonable compensation for your injuries. If you've been the victim of a hit and run accident, an experienced hit and run attorney can fight for your rights and help you secure the full and fair compensation you are entitled to under the law.
A hit and run occurs when a driver collides with another vehicle, pedestrian, or property and flees the scene without providing identification or assistance. In New York, leaving the scene of an accident involving personal injury or property damage is a criminal offense under the Vehicle and Traffic Law. Examples of hit and run accidents include a driver striking a parked car and driving away without leaving a note, a motorist hitting a pedestrian in a crosswalk and failing to stop and render aid, and a driver colliding with another vehicle and fleeing the scene to avoid responsibility.
Navigating the legal complexities of a hit and run accident can be challenging without experienced legal representation. A hit and run accident lawyer can help victims investigate the incident and gather evidence, identify the responsible party, even if they fled the scene, negotiate with insurance companies to secure fair compensation, and file a lawsuit and represent the victim's interests in court, if necessary. Retaining a skilled hit and run accident lawyer like us can significantly improve a victim's chances of recovering damages for their injuries and losses.
Factors Influencing the Value of a Hit and Run Accident Claim
The severity of injuries sustained in a hit and run accident is a critical factor in determining the value of a claim. More severe injuries, such as traumatic brain injuries, spinal cord damage, or multiple fractures, typically result in higher compensation amounts. The extent of medical treatment required, including surgeries, hospitalizations, and ongoing rehabilitation, also influences the value of the claim.
If the injuries sustained in a hit and run accident affect the victim's ability to work, either temporarily or permanently, this can significantly increase the value of their claim. Lost wages, reduced earning capacity, and the need for vocational rehabilitation are all factors that may be considered when calculating damages. In cases where the victim is permanently unable to work, the value of their claim may include projected future lost wages and benefits.
Hit and run accident victims who suffer permanent disabilities or disfigurements may be entitled to higher compensation amounts. Permanent disabilities, such as paralysis, amputation, or vision loss, can greatly impact a person's quality of life and ability to perform daily activities. Disfigurements, such as severe scarring or burns, can cause significant emotional distress and may require ongoing medical treatment or surgical intervention.
Insurance Coverage for Hit and Run Accidents
New York is a no-fault insurance state, meaning that after an accident, each driver's own insurance company covers their medical expenses and lost wages, regardless of who was at fault. Under New York's no-fault system, drivers are required to carry a minimum of $50,000 per person in personal injury protection (PIP) coverage. The no-fault system is designed to streamline the claims process and reduce the number of lawsuits filed after accidents. In New York, victims have 30 days from the date of the accident to file an application for no-fault benefits.
PIP coverage is a key component of New York's no-fault insurance system, providing benefits to accident victims regardless of fault. PIP coverage typically includes medical expenses related to the accident, lost wages due to injury-related work absences, and other reasonable and necessary expenses, such as household services or transportation costs to medical appointments. In a hit and run accident, the victim's own PIP coverage can provide initial financial relief for medical bills and lost wages. However, PIP coverage limits may be insufficient to fully compensate victims with severe or long-term injuries, necessitating additional legal action.
In hit and run cases where the at-fault driver cannot be identified, the victim may face challenges in recovering compensation through the no-fault system. Without the responsible party's insurance information, victims may need to rely on their own insurance coverage or pursue alternative legal remedies. If the hit and run driver is eventually identified, their liability for the accident will be assessed based on factors such as negligence or reckless behavior leading to the collision, violations of traffic laws or regulations, and witness statements and available evidence. In some cases, even if the at-fault driver is not identified, other parties may share liability for the accident, such as vehicle owners who knowingly allow an unlicensed or reckless driver to operate their vehicle, employers of drivers who cause accidents while operating a company vehicle, and government entities responsible for maintaining safe road conditions or traffic control devices. An experienced hit and run accident lawyer like us can help victims investigate the incident, identify potentially liable parties, and pursue all available avenues for compensation.
Damages Available in Hit and Run Accidents
In hit and run accident cases in New York, victims may be entitled to compensatory damages, which include economic damages such as medical expenses, lost wages, reduced earning capacity, future lost earnings, and property damage, as well as non-economic damages like pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and compensation for disfigurement and permanent disability. In addition, punitive damages may be available in cases involving extreme negligence or intentional misconduct, such as drunk driving or reckless driving, but these are rare and subject to state laws and court discretion, with New York generally limiting punitive damages to cases involving willful or wanton negligence or reckless disregard for the rights of others.
Statute of Limitations for Hit and Run Accidents in New York
In New York, victims of hit and run accidents generally have three years from the date of the incident to file a personal injury lawsuit against the responsible party. This three-year statute of limitations applies to cases involving physical injuries, emotional distress, and other non-economic damages resulting from the accident. If the victim fails to file their lawsuit within the three-year time limit, they may lose their right to pursue legal action and recover damages from the at-fault party. In some cases, the statute of limitations may be extended or "tolled" if the victim is a minor, mentally incapacitated, or if the at-fault driver leaves the state.
If a hit and run accident results in the death of the victim, their surviving family members may have the right to file a wrongful death claim against the responsible party. In New York, the statute of limitations for wrongful death claims is generally two years from the date of the victim's death, which may be different from the date of the accident itself. As with personal injury lawsuits, failing to file a wrongful death claim within the two-year statute of limitations can result in the loss of the right to pursue legal action against the responsible party.
In hit and run cases, identifying the responsible party can be challenging, as the driver has fled the scene without providing identification. HOwever, various resources and techniques can be used to locate the at-fault driver, such as reviewing surveillance footage from nearby businesses or residences, canvassing the area for witnesses who may have seen the incident or the fleeing vehicle, and collaborating with law enforcement to cross-reference vehicle descriptions with registered owners. By identifying the responsible party, you can hold them accountable for their actions and pursue compensation on your behalf.
At the Law Offices of Albert Goodwin, we understand that each hit and run accident case is unique, and we tailor our approach to meet the specific needs of each client. We take the time to listen to your story, understand the impact the accident has had on your life, and develop a customized legal strategy to pursue the best possible outcome. We have a deep understanding of the unique legal challenges and complexities involved in pursuing compensation for victims of hit and run accidents and can build strong cases for our clients. We represent hit and run accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. Should you need assistance or representation, you can call us at 212-233-1233 or send us an email at [email protected].
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].
