Hit-and-runs may be fun in Grand Theft Auto 5 but they are the mark of an awful, cowardly person in real life. If you cause an accident, you have to remain at the scene, until all proper information has been exchanged and, if the accident is severe enough, until law enforcement arrives on scene. If you flee that scene, you’re attempting to avoid accountability for your actions and the consequences only get more serious from there.
In New York state, if you leave the scene of an accident, you can be criminally charged and serve up to one year in prison. If the accident is serious enough to cause serious injury or fatality, you could be looking at up to seven years in prison. New York is not messing around when it comes to hit-and-run cases. Especially if the accident ends up fatal.
What Happens If You Flee a Fatal Scene?
When a hit-and-run accident happens, law enforcement goes deep into investigative mode. They begin by securing the scene, gathering evidence, interviewing witnesses, etc. CCTV footage is reviewed to identify the fleeing vehicle and possibly grab an image of the driver themselves. One reason investigators may “knock it up a notch,” for lack of a better phrase, is that someone who is committing a hit-and-run may be doing so because they have another legal issue at hand. You may have something to hide if you’re fleeing and that’s exactly how law enforcement understands it.
Under New York law, leaving the scene of an accident that causes death is a class D felony. This can escalate to further charges if the driver’s intent and behavior justifies so. Additional charges could include Vehicular Manslaughter, Reckless Driving, and DUI. But it’s the class D felony that should make you nervous. For one thing, the word “felony” is itself a little intimidating. But the consequences that come with it are two to twelve years in prison. You don’t want a class D felony on your record. It’s not a cute look.
The penalties themselves are pretty severe. Prison time aside, these penalties can carry some hefty fines in the thousands of dollars. Who needs that added to their budget, right? In addition, you will very likely have your driver’s license revoked, possibly permanently. I mean, if you’re out there killing people with your five ton hunk of fast-moving steel you probably shouldn’t be licensed to drive.
If there are no criminal consequences, there is always the potential for civil consequences for a fatal hit-and-run. A Middletown car accident lawyer would be able to walk you through the differences but just in case you want a layman’s run through, there are a few ways you could be held civilly responsible.
Most likely would be a wrongful death lawsuit. The family of the deceased has the right to file a claim for wrongful death against the driver. They could seek damages such as lost income, funeral expenses, and pain and suffering. The family has the right to file suit within two years from the date of death.
Insurance will surely be a headache if you find yourself fleeing from a fatal accident. If the driver is insured, their rates are going to go so far up they might as well be an astronaut. If the driver does not have insurance, well, then they are royally screwed. New York’s insurance laws are pretty clear on the matter. If you don’t have auto insurance, you shouldn’t have a car.
The Extra, Underappreciated Consequences
A felony conviction for a fatal hit-and-run makes for a pretty permanent stain on your now criminal record. The consequences for having such a record go beyond the accident and into the ability to have a normal functioning day-to-day life. Think about the ability to secure a job (unless you’re running for president…), secure housing, even participate in civic life. You will be subject to background checks by employers, landlords, and other people who are interested in your personal history and qualifications. Who needs that kind of hardship?
Additionally, you will have the social stain as someone who killed someone else with their car and fled like a coward. Any publicity around the incident will exacerbate these difficulties further and can lead to social ostracism or emotional distress. And because these records are public, they will follow you wherever you go. Do you really want to be the “hey aren’t you that hit-and-run guy?” guy?
Didn’t think so.
So, What Do You Do After a Fatal Accident?
First, stay put. Stay exactly where you are and call 911 to report the accident and to request medical services. It’s a super easy request. All you have to do is not move and to call for help. It really couldn’t be simpler. Even if it’s really scary, stay where you are and call for help. The worst thing you can do is flee the scene. It just makes it all so, so much worse.
Once authorities arrive, cooperate fully and provide an honest, detailed account of what occurred. If you can, have legal counsel on speaker phone. It is not in your best interest to speak to law enforcement without a lawyer present. If you have fled the scene, any car accident lawyer will tell you to turn yourself in immediately. Voluntary cooperation after the fact can sometimes help mitigate legal consequences.
Take responsibility, show remorse, and listen to your legal counsel as they guide you through the process. As long as you’re demonstrating your commitment to addressing the situation responsibly, you will make the entire process significantly easier.
In Short, Don’t Flee an Accident in New York. Or Anywhere.
Fleeing a fatal car accident is extremely serious and profoundly cowardly. Never mind the prison time, the fines, the civil lawsuits, or the societal outcasting, it’s the wrong thing to do, plain and simple. The legal, civil, and reputational consequences of fleeing a fatal accident are strong enough to be an effective deterrent. And yet, people try it time and time again. They believe they can get away with it if they have to. But, in case you haven’t noticed, there are cameras everywhere. Especially on our roads. You will be caught if you flee, so do the right thing and stay put if you cause an accident. The consequences of not are much, much worse.
