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Car Accident Settlement Lawyer | Defense Case Resulting in a No Charge Disposition



In New York, allegations involving pedestrian injury can trigger both criminal investigation and potential civil liability because the Vehicle and Traffic Law imposes a clear duty of care on drivers entering a public roadway.

 

Even low speed movement from a residential driveway can create exposure if another individual collapses, appears injured, or claims contact with the vehicle. 

 

In this case study, a car accident settlement lawyer helped a driver accused of causing bodily injury at a residential complex entrance. 

 

Through reconstruction analysis, witness statements, and prompt settlement efforts, the defense successfully demonstrated that no physical impact occurred and secured a full no charge disposition from law enforcement.

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1. Car Accident Settlement Lawyer | Initial Incident Review and Allegations


Car Accident Settlement Lawyer

 

 

 

The attorney began by examining how the allegation arose when the client exited a residential driveway at low speed and a pedestrian suddenly collapsed in front of the vehicle.


Law enforcement suspected a violation of New York’s duty to exercise due care requirement under VTL §1146, which applies even in slow movement scenarios.



Reconstruction of the Incident


The defense recreated the event using dash camera footage, CCTV from the residential complex, and statements from nearby drivers.

 


• The client’s vehicle was fully stopped when the pedestrian’s legs buckled.


• The pedestrian admitted placing a hand on the vehicle only after collapsing, not due to impact.


• Witnesses confirmed the client had looked both ways and prepared to depart safely.

 


This evidence directly countered any claim of negligent operation.



Core Issues Identified


The attorney organized the allegations into clear investigative categories:


• Whether forward movement negligence occurred.


• Whether the client failed to maintain proper lookout.


• Whether the pedestrian suffered injury due to vehicle contact.


• Whether the client provided reasonable aid as required under New York law.


• Whether insurance and reporting duties were properly fulfilled.



2. Car Accident Settlement Lawyer | Legal Strategy and Evidence Development


The defense analyzed the factual record to determine the best approach for avoiding a criminal charge while preparing for potential civil exposure.


A central goal was demonstrating that no violation of VTL §600 (duty after an incident) or VTL §1146 occurred.



Evidence Collection and Technical Review


The attorney collaborated with a private investigation team to gather favorable evidence.


• Dash cam and CCTV confirmed zero forward movement at the moment of collapse.


• The pedestrian acknowledged experiencing sudden leg weakness unrelated to the vehicle.


• Eyewitnesses confirmed the client immediately stopped, checked on the pedestrian, and contacted appropriate parties.


• Insurance contact was made on the same day, satisfying New York reporting standards.



Early Settlement and Communication


Although no impact occurred, the attorney implemented a settlement focused strategy to prevent escalation.


• The client visited the pedestrian to express concern and provide reassurance.


• Medical expenses and related costs were promptly addressed through insurance.


• A formal civil settlement and a statement of non complaint were signed and submitted to investigators.



3. Car Accident Settlement Lawyer | Negotiations and Closure with Authorities


The attorney then focused on persuading law enforcement that the matter involved no criminal liability.


Because New York only assigns fault when injury results from negligent vehicle operation, factual clarification became essential.



Presentation of Findings to Investigators


The defense organized evidence into a detailed submission packet:


• Timeline of the client’s movements
• Still images showing complete vehicle stoppage
• Witness affidavits on pedestrian collapse
• Medical statements confirming non impact related conditions


This structured presentation removed ambiguity and allowed investigators to dismiss initial assumptions.



Resolution Result: No Charge Disposition


Authorities concluded that:


• No physical contact from the vehicle occurred.
• The client acted reasonably under VTL §1146.
• All post incident duties were fulfilled immediately.


The case was formally closed with no criminal charges, and no administrative penalties were issued.



4. Car Accident Settlement Lawyer | Lessons for Drivers and Importance of Early Counsel


Low speed residential incidents often create confusion, and drivers may be blamed even when no impact occurs.


Immediate legal guidance ensures proper evidence preservation and prevents wrongful accusations.



Recommended Steps for Drivers in Similar Situations


• Stop the vehicle immediately and assess safety.


• Call emergency services when a pedestrian appears injured.


• Document the scene through photos or dash footage.


• Preserve CCTV or witness contact information.


• Contact a qualified attorney early to manage communication with authorities and insurers.


05 Dec, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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