Leaving the Scene and Hit and Run Lawyer in New York

Under New York State law, any person operating a vehicle who knows or has cause to know that physical injury, serious physical injury, or death has been caused to another person due to an incident involving his or her motor vehicle must not leave the place where the damage occurred until they have complied with the requirements of this statute. The person must stop and show his or her license and insurance card at the scene of the damage. Additionally, the person must give his or her name, address, insurance carrier information, and license number to the party sustaining the damage or shall report the information to the nearest police station as soon as physically able.

Section 10.00 of the New York State Penal Law is applicable here to define physical injury and serious physical injury. Section 10.00 defines physical injury as impairment of physical condition or substantial pain. Section 10.00 defines serious physical injury as physical injury which creates a substantial risk of death or which causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. The definition of death was determined by the Court of Appeals of New York in People v. Eulo. Death is now interpreted to mean the irreversible cessation of heartbeat and respiration or when these functions are maintained solely by extraordinary mechanical means, an irreversible cessation of all functions of the entire brain including the brain stem.

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be found guilty of leaving the scene of an incident without reporting and causing physical injury, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant operated a motor vehicle; (2) that at the time and place, the defendant knew or had cause to know that personal injury had been caused to another person due to an incident involving the motor vehicle operated by the defendant; and (3) that the defendant did not, before leaving the place where the physical injury occurred, stop and show his license and give insurance information and required personal information to the party sustaining the damage.

To be found guilty of leaving the scene of an incident without reporting and causing serious physical injury, the prosecution must be able to prove beyond a reasonable doubt four elements: (1) That on the date alleged, the defendant operated a motor vehicle; (2) that at the time and place, the defendant knew or had cause to know that personal injury had been caused to another person due to an incident involving the motor vehicle operated by the defendant; (3) that the defendant did not, before leaving the place where the personal injury occurred, stop and, in the event that no police officer was in the vicinity of the place of the injury, report the incident as soon as physically able to the nearest police station or judicial officer; and (4) that the personal injury involved resulted in serious physical injury.

To be found guilty of leaving the scene of an incident without reporting and causing death, the prosecution must be able to prove beyond a reasonable doubt four elements: (1) That on the date alleged, the defendant operated a motor vehicle; (2) that at the time and place, the defendant knew or had cause to know that personal injury had been caused to another person due to an incident involving the motor vehicle operated by the defendant; (3) that the defendant did not, before leaving the place where the personal injury occurred, stop and, in the event that no police officer was in the vicinity of the place of the injury, report the incident as soon as physically able to the nearest police station or judicial officer; and (4) that the personal injury involved resulted in death.

Leaving the scene of an incident without reporting and causing physical injury is a misdemeanor, causing serious physical injury is a Class E felony, and causing death is a Class D felony.