What Happens if You Leave the Scene of an Accident?
Accidents are never planned. Whether you’re driving through the busy streets of Manhattan or the quiet roads of upstate New York, a collision can happen in the blink of an eye. In those stressful moments, some drivers make a split-second decision to leave the scene—sometimes out of fear, confusion, or simply not knowing what to do next. But what really happens if you leave the scene of an accident in New York? The answer: the consequences can be severe, both legally and personally.
At Pulvers, Pulvers & Thompson, we’ve been guiding New Yorkers through the aftermath of accidents for over 80 years. Our experience has shown us that understanding your rights and responsibilities is the best way to protect yourself and others. In this post, we’ll break down what New York law says about leaving the scene, what you should do if you’re involved in an accident, and how our firm can help if you find yourself facing hit-and-run allegations.
Why Do Some Drivers Leave the Scene?
Before diving into the legal details, it’s important to understand why someone might leave the scene of an accident. Fear is a powerful motivator—fear of legal trouble, financial consequences, or even just the shock of the moment. Some drivers may not realize the seriousness of their actions, especially if the accident seems minor. Others might not even be aware that a collision occurred, such as in low-speed parking lot incidents. Regardless of the reason, New York law is clear: leaving the scene is a crime, and ignorance or panic is not a defense.
New York’s Laws on Leaving the Scene
New York Vehicle and Traffic Law (VTL) Section 600 governs what drivers must do after an accident. The law distinguishes between accidents that cause property damage and those that result in injury or death.
Property Damage Only
If you’re involved in an accident that causes only property damage (for example, hitting a parked car or a fender bender with another vehicle), you are legally required to:
- Stop your vehicle at the scene.
- Exchange your name, address, insurance information, and driver’s license number with the other party.
- If the other party is not present (such as hitting a parked car), leave your information in a visible place and notify the police.
Failing to do any of these is considered a violation. Even if the damage seems minor, leaving the scene can result in a misdemeanor charge, fines, and points on your license.
Accidents Involving Injury or Death
If anyone is injured or killed in the accident, the stakes are much higher. You must:
- Stop immediately and remain at the scene.
- Provide your information to the other party and to law enforcement.
- Render reasonable assistance to anyone injured, which may include calling 911 or helping arrange transportation to a hospital.
Leaving the scene of an accident involving injury or death is a serious crime in New York. If the injuries are minor, it’s a misdemeanor; if there is serious injury or death, it becomes a felony, carrying the possibility of years in prison.
Penalties for Leaving the Scene in New York
The consequences for leaving the scene depend on the circumstances:
For property damage only:
- Misdemeanor charge
- Fines up to $250 for a first offense, and up to $500 for subsequent offenses
- Up to 15 days in jail (first offense), up to 90 days for repeat offenses
- 3 points on your driver’s license
- Increased insurance premiums
For accidents involving injury:
- Misdemeanor charge
- Fines up to $1,000
- Up to 1 year in jail
- License revocation
For accidents involving serious injury or death:
- Felony charge
- Fines up to $5,000
- Up to 7 years in prison
- License revocation for at least 1 year
In addition to criminal penalties, you may also face civil lawsuits from injured parties or their families, seeking compensation for medical bills, lost wages, and pain and suffering.
What Should You Do After an Accident?
If you’re involved in any kind of motor vehicle accident in New York, here’s what you should do:
- Stop Immediately: No matter how minor the accident, always stop your vehicle. Failing to do so is a crime.
- Check for Injuries: Make sure everyone is safe. If anyone is hurt, call 911 right away.
- Exchange Information: Share your name, address, insurance, and license details with the other party. If the other party isn’t present, leave your information and notify the police.
- Render Assistance: If someone is injured, provide reasonable help—call for medical assistance or help them get to safety.
- Document the Scene: Take photos, gather witness information, and make notes about what happened.
- Report the Accident: If there are injuries, fatalities, or property damage over $1,000, you must file a report with the DMV within 10 days.
Why Staying at the Scene Matters
Staying at the scene isn’t just about following the law—it’s about doing the right thing. When you remain, you can help ensure that anyone who is hurt gets the assistance they need. You also protect yourself from much harsher penalties that come with a hit-and-run charge.
Leaving the scene can also damage your credibility. If you’re later identified, prosecutors and insurance companies may assume you were trying to hide something, even if you weren’t at fault for the accident itself.
Defending Against Hit-and-Run Allegations
If you’re accused of leaving the scene, don’t panic—but do act quickly. There are sometimes legitimate reasons why a driver might not remain at the scene, such as not realizing an accident occurred or leaving to seek emergency help. In other cases, there may be mistaken identity or confusion about who was involved.
At Pulvers, Pulvers & Thompson, we thoroughly investigate every case. We gather evidence, interview witnesses, and work to present your side of the story. Our goal is to protect your rights and minimize the impact on your life.
How Pulvers, Pulvers & Thompson Can Help
Facing a hit-and-run charge is daunting, but you don’t have to go through it alone. Our firm has spent over 80 years helping New Yorkers navigate the legal system after accidents. We offer:
- Clear Legal Guidance: We explain your rights and the charges you face.
- Aggressive Defense: We build a strong case, negotiate with prosecutors, and fight for the best possible outcome.
- Compassionate Support: We understand the stress you’re under and provide reassurance every step of the way.
If you or a loved one is facing charges for leaving the scene of an accident, don’t wait. Contact us today for a free, confidential consultation. We’re here to help you protect your rights.
This blog post is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please contact our office directly.