NYC Hit and Run Accident Attorney
If you’ve been injured in a hit and run car accident in New York City, call Mirman, Markovits & Landau, P.C. for immediate legal assistance. Whether your hit and run driver has been located or not, we’ll help you fight to get the money you need and deserve. Our NYC law firm offers a free initial consultation, so give us a call to schedule yours today.
Why Should I Call Mirman, Markovits & Landau, P.C. After a Hit and Run Accident in NYC?
Getting into an accident is never easy. When an at-fault driver leaves the scene without making sure that you’re okay or exchanging information, things can get even more complicated. However, just because a driver flees doesn’t mean that you can’t recover compensation for your injuries. You’ll just need to make sure that you work with a personal injury lawyer who has the experience, determination, and skills to win your case.
At Mirman, Markovits & Landau, P.C., we have more than 200 years of combined experience and have recovered more than $1 Billion for injury victims like you. Simply put – we get results. When you call us for help after a hit and run accident in NYC, we’ll work tirelessly to secure a financial award on your behalf. To accomplish this, we will:
- Work with local law enforcement agencies as they search for the hit and run driver
- Investigate the circumstances surrounding your accident to determine causation and fault
- Determine if anyone other than the hit and run driver is to blame and, if so, hold them accountable
- Work with leading accident and injury experts as we determine what your case is worth
- Negotiate with auto insurance companies on your behalf, and
- Navigate any complexities criminal hit and run proceedings might have on your case.
Cases involving hit and run accidents aren’t like other car accident cases. There’s an added degree of difficulty, especially if the hit and run driver hasn’t been identified. However, you can rest assured that our team will do everything we can to find the hit and run driver and hold them fully responsible for the harm they’ve caused you. You just have to reach out to us and ask for our help. We offer a free consultation, so give our NYC law office a call today.
Drivers Must Remain at the Scene of an Accident in NYC
When you’re involved in an accident in NYC, you’re legally required to remain at the scene if the crash causes property damage, injuries, or death.
Property Damage Only: If there are no injuries and property damage is minimal (less than $1,000), drivers do not have to call the police or wait for police to arrive on the scene. They do, however, have to stop and exchange insurance information with other parties.
Injuries or Death: If an accident causes injury or death, drivers must remain at the scene and call the police to report the crash, if physically capable of doing so. Drivers must also exchange information that might be relevant to an insurance or personal injury claim.
When a driver leaves the scene of an accident without exchanging information and/or waiting for the police, it’s considered a hit and run.
Negligence Per Se and Your NYC Hit and Run Accident
In New York, it can be a crime to leave the scene of an accident, regardless of who is at fault. So, when a driver doesn’t stick around after a crash, they’re breaking the law. This can be used to your benefit if you decide to pursue compensation.
That’s because, under the doctrine of negligence per se, negligence is presumed when a person violates a law that’s intended to protect the type of harm that’s occurred. In fact, a New York court has even plainly stated that “it is also well established that a violation of the Vehicle and Traffic Law constitutes negligence Per Se.”
So, when a person is charged with hit and run, you can use this to create a rebuttable presumption of negligence. Specifically, you’ll have to establish:
- The hit and run driver broke a law
- This law was a safety statute intended to prevent the type of harm that occurred; and
- You’ve been injured, and this law was designed to protect you.
When you accomplish this, the hit and run driver will be presumed to be negligent. The burden to prove otherwise will shift to them. When you invoke negligence per se, it can create an easier path toward financial recovery.
Under New York State Law, You File a Claim With Your Insurance Company First
New York has “no-fault” insurance laws. So, after an accident, you’ll be required to file a claim with your own insurance company first. This is true, regardless of who caused your accident or contributed to your injuries. So, you may be able to recover damages for many or all of the costs related to your hit and run accident without ever having to involve the hit and run driver.
However, insurance companies aren’t on your side, despite what they might say in commercials on TV. Rather, insurers – including your own – are interested in maximizing their own profits. So, they’ll search for any reason to deny or devalue your claim.
That’s why it’s critical to work with an experienced NYC car accident attorney, even if you’re just dealing with your own insurer. At Mirman, Markovits & Landau, P.C., our team has been dealing with insurance companies in New York for more than four decades. We know the players and we know the tricks they’ll try to use to get out of paying you the money you deserve. We also know how to make them play ball and take your claim seriously.
It’s important to note that car accidents, particularly hit and run crashes, can cause some devastating injuries. In New York, the average cost of a non-fatal accident is roughly $91,000. More severe injuries can easily push that cost beyond six figures.
So, it’s possible that the costs of your accident could exceed what your insurance coverage can and will pay. If that happens, you’ll have to consider other sources of compensation. You can rest assured that our team will look at your case from every angle to determine how to get you the money you need.
We’ll Seek Compensation From All Liable Parties
Accidents are rarely black and white. There are a lot of moving parts and, in turn, there might be a few different reasons for why your hit and run accident happened. It’s important to make sure that we know why your accident happened. When we know the cause(s) we can identify who’s at fault.
Under New York’s comparative negligence laws, you can seek compensation from anyone who contributes to your accident or injuries. This could include:
- The hit and run driver
- Other motorists on the road, bicyclists, or pedestrians
- Transit companies
- Employers of negligent parties
- Government agencies, or
- Companies that sold defective products.
Our skilled team will dig deep to get the answers you need. Once we know who’s responsible for your injuries we can fight to hold them accountable.
What if the Hit and Run Driver is Charged With a Crime?
Let’s say the driver is located by the police and charged with a violation of the state’s hit and run law. This won’t preclude you from filing a civil personal injury lawsuit. Criminal and civil cases are separate and distinct. Both can proceed at the same time. However, many times, civil cases are stayed – or put on hold – while a related criminal case moves forward. This is typically done to give the defendant (hit and run driver) the opportunity to focus on defending against criminal charges, which are considered to be more serious.
As long as you file your hit and run injury lawsuit on time, you won’t be barred from recovering compensation just because your case is put on hold. Once the criminal case is resolved, your civil lawsuit will pick right back up again. While your case is stayed, your attorneys can work diligently to investigate your crash, gather evidence, identify and value your damages, and craft a persuasive claim on your behalf.
Note that the outcome of a related criminal case won’t automatically influence your civil case. However, a conviction can certainly work in your favor. These are all things our experienced NYC hit and run accident lawyers will take into account as we pursue compensation on your behalf.
Call Our NYC Hit and Run Accident Attorneys Today
When you get into a car accident in New York City, you may be entitled to compensation. That right doesn’t go away just because a driver leaves the scene. At Mirman, Markovits & Landau, P.C., our team will work tirelessly to secure compensation for all of your damages, including medical bills, lost wages, pain and suffering, and more.
All you have to do is give our NYC personal injury attorneys a call today to set up a time to discuss your case. We represent clients in and around New York City, including the Bronx, Brooklyn, Long Island, Manhattan, Queens, Staten Island, and Westchester County.