Driving off after getting into an accident that causes personal injury could land a person with a ticket or criminal charges. The potential consequences are serious and far-reaching. Understanding this violation is the first step towards making a legal defense.

Another important step is retaining skilled representation. Find out why so many motorists trust The New York Traffic Ticket Lawyers to defend them. We can seek the best possible outcome in your case as we develop a personalized legal strategy.

Understanding Vehicle and Traffic Law (VTL) §600(2)

Anyone who gets in a New York traffic accident cannot simply leave the scene. Under VTL §600(2), a driver who is in a crash and knows, or should reasonably know, that someone was hurt must remain at the site until they provide the following to the other driver and the police:

Name
Address
Driver’s license number
Proof of insurance (including insurer, policy number, and effective policy date)

The law requires that the driver either notify the police or, if an officer is not in the area, report the accident to the nearest police station or judicial officer. Leaving the scene without providing this information is essentially a hit and run, which is a serious crime.

What Happens If You Violate VTL §600(2)?

The possible legal ramifications of violating this section of the New York vehicle code are serious. A driver will likely either receive a Desk Appearance Ticket or be arrested and charged with a misdemeanor or a felony. The exact charge will depend on the factual details.

Class B misdemeanor

Leaving an accident scene involving personal injury is at least a misdemeanor. If the violation of the law is based only on failure to provide the required information that is listed above, it will likely be a class B misdemeanor. Upon conviction, the driver may face:

A fine of between $250 and $500
Up to 90 days in jail

Class A misdemeanor

The charge will get elevated to a class A misdemeanor if the driver violates §600(2) for another reason, such as not remaining at the scene. This may result in:

A fine of between $500 and $1,000
Up to a year in jail

Class E felony

The consequences continue to increase if the victim suffered what the law considers a “serious” physical injury. A class E felony is possible, which could mean:

A fine of between $1,000 and $5,000
Up to 4 years in prison

Class D felony

Some injuries end up being fatal, and this could mean the driver is charged with a class D felony. The punishment includes:

A fine of between $2,000 and $5,000
Up to 7 years in prison

Likely consequences for all convictions

Regardless of the type of misdemeanor or felony charges you face, you can also expect these outcomes:

3 driving record points
Additional fines for accumulating too many points
Suspension/revocation of your driver’s license
Insurance premium increases
Revocation of CDL (Commercial Driver’s License) privileges for up to a year

This is to say nothing of the consequences for your personal and professional lives. Criminal convictions for leaving an accident scene with injury or death are significant and will remain on your record. As such, you could experience problems finding employment or housing in New York or maintaining other professional licenses.

Possible Defenses to a VTL §600(2) Charge

Although a VTL §600(2) is a serious matter, the driver has a right to put forth a compelling legal defense. Depending on the circumstances of your charge, you and your lawyer may be able to argue such defenses as:

Not knowing about the injury: New York law requires that the driver either know or have reason to know that the accident caused an injury. But there may be no signs of injury or the other driver may say they weren’t hurt at first. A lack of knowledge is therefore a possible defense.
You left to report the accident: Perhaps you left for the purposes of complying with the law by trying to find a police officer. Your absence could therefore be mistakenly misconstrued as an attempt to flee the scene.
You left to seek emergency assistance: If you were injured, or you believed someone else was injured, you may have left to get emergency medical assistance rather than notify law enforcement. Evidence of this could work in your favor to dismiss the charges.
Lack of serious injury: Whether the victim was injured or seriously injured could make a difference as to whether felony charges are possible. In turn, this could help you avoid some of the most severe legal consequences.
Procedural problems: Law enforcement may have violated your rights by improperly handling evidence, failing to advise you of your Miranda rights before questioning, or other irregularities. If proven, this may lead to the charges being thrown out.

What To Do If You Are Charged

If you are charged with leaving the scene of an accident, you should document the reason why you left. For instance, if you left for the purposes of finding a police officer, get the officer’s name and badge number. Or, if you left to get medical assistance, get copies of your medical records.

Make personal notes about everything you can remember leading up to and immediately after the crash. Sometimes, a seemingly minor detail can vindicate someone or lessen the severity of the charges they face.

Finally, do not admit fault or confess to any charges, and limit what you say to police and the other persons involved in the accident. Most importantly, you need to retain legal counsel immediately. An attorney can determine the best course of action.

Contact Our New York Leaving the Scene of a Personal Injury Accident (§600.2a) Attorney

Your freedom and your future could be in severe jeopardy if you are charged or ticketed for leaving the scene of an accident causing personal injury. We’re here to help defend you. Contact The New York Traffic Ticket Lawyers to work on your legal defense today.

Frequently Asked Questions About Leaving the Scene of a Personal Injury Accident

Will you receive a ticket or get arrested?

If you leave the scene of an accident causing personal injury in New York, police can arrest you immediately or later once they locate you. In some cases, law enforcement officers issue a Desk Appearance Ticket (DAT) instead of taking the driver to jail right away.

But don’t let the word “ticket” mislead you, because a DAT will require you to appear in criminal court. This means it is far more serious than a traffic ticket for something like speeding.

What is a serious physical injury?

In New York, a serious physical injury could include traumatic brain injury, spinal cord injury, amputation, disfigurement, loss of bodily organ function, and more. “Serious” injury is specifically defined in the law, and your attorney can advise as to whether the victim’s injuries meet the necessary legal criteria. A serious injury could lead to felony charges.

What should you do after being in an accident?

To protect your legal rights, we recommend that you take these steps after being in an accident with personal injury (or one with possible injury). These steps can also help if you are later charged with a crime:

Stop your vehicle immediately
Check for injuries with your own passengers and with the other driver and their passengers
Call 911 to report the accident if there is injury or possible injury (or you are not sure)
Request medical assistance for any injuries
Limit what you say to police and the other driver, meaning do not apologize, admit fault, or speculate about the nature of any injuries
Exchange the above listed information (e.g. name and insurance information) with the other driver
Document the accident scene by taking pictures, recording videos, and getting the contact information for any witnesses
In the event of injury, death, or property damage over $1,000 file a crash report with the New York DMV within 10 days of the accident
Speak with our law firm immediately to advise you of your rights and options