Skip to main content

call now

  • About
  • lawyers
  • practices
  • Insights
  • Case Results
  • Locations
contact us

Copyright SJKP LLP Law Firm all rights reserved

AccessibilityCookie StatementDisclaimersLegal NoticePrivacy PolicyTerms & Conditions
BROCHURE DOWNLOAD

U.S.

New York
Washington, D.C.

Asia

Seoul
Busan
BROCHURE DOWNLOAD

© 2025 SJKP, LLP
All rights reserved. Attorney Advertising.
Prior results do not guarantee a similar outcome.

BROCHURE DOWNLOAD
Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone

  1. Home
  2. Fatal Traffic Collision in New York Leading to a Probationary Sentence

Case Results

Based on our recently accumulated litigation database, we provide customized solutions based on a thoroughly analyzed litigation database.

Fatal Traffic Collision in New York Leading to a Probationary Sentence



A fatal traffic collision in New York triggers one of the most serious categories of vehicular liability because state law governs driver negligence, right of way duties, and criminal exposure when a pedestrian death occurs.

 

In this case study, the focus is placed on how a delivery driver involved in a fatal traffic collision ultimately received a probationary sentence through strategic legal defense and fact based mitigation.

 

This analysis outlines the accident circumstances, the defense approach, the evidentiary considerations, and the reasons why the outcome was favorable despite the severity of the incident.

 

Because fatal pedestrian impacts often lead to felony charges, the attorney’s structured intervention played a decisive role in ensuring the client avoided incarceration and achieved a proportional resolution aligned with New York legal standards.

contents


1. Fatal Traffic Collision in New York | Client Background and Incident Overview


Fatal Traffic Collision in New York Client Background and Incident Overview

 

The fatal traffic collision occurred when a delivery driver operating a commercial vehicle failed to recognize a traffic signal due to intense glare conditions and struck a pedestrian who was lawfully crossing the intersection.

 

The event led to catastrophic injuries, and the pedestrian later died at the hospital, prompting law enforcement to pursue serious charges under New York vehicular negligence and traffic safety laws.



Circumstances of the Fatal Collision and Initial Legal Exposure


The client worked in the logistics and delivery sector and was traveling along a major roadway at mid day when sun glare obscured his ability to identify the active signal phase.

 

He proceeded through the intersection without realizing that the pedestrian signal permitted a pedestrian to cross.

 

The collision resulted in unconsciousness and eventual fatality.

 

Under New York law, a fatal traffic collision of this nature can lead to charges such as criminal negligence or failure to exercise due care.

 

Because prosecutors review factors such as right of way violations, driver distraction, visibility conditions, and overall situational awareness, the client initially faced the possibility of incarceration.



Immediate Aftermath and the Client’s Emotional Distress After a Fatal Traffic Collision


Following the fatal traffic collision, the client remained at the scene, contacted emergency services, and cooperated fully with investigators.

 

Nonetheless, the psychological impact was profound: he believed a substantial prison sentence was inevitable.

 

His voluntary cooperation became a strategic cornerstone for the defense, demonstrating that the collision resulted from an unintentional lapse rather than reckless conduct.



2. Fatal Traffic Collision in New York | Defense Strategy for Mitigation and Sentencing


The defense strategy in this fatal traffic collision case focused on clarifying the extent of negligence, establishing the environmental limitations that contributed to the collision, and demonstrating the client’s sincere remedial actions and cooperation.



Establishing Visibility Limitations and the Client’s Lack of Intent


A core issue was proving that environmental factors specifically the direct sun glare played a significant role in the fatal traffic collision.

 

Through analysis of photographic evidence, weather data, and intersection orientation, the defense showed that visibility was materially impaired at the time of impact.

 

This evidence distinguished the case from reckless conduct and supported the argument that the collision fell within the lower spectrum of criminal negligence rather than intentional disregard for safety.



Demonstrating Good Faith Cooperation and Post Collision Conduct


The client provided complete and truthful statements during every investigative interview, submitted to all procedural requirements, and never attempted to flee or minimize responsibility.

 

This conduct aligned with mitigating factors recognized in New York sentencing considerations.

 

The defense emphasized that after the fatal traffic collision, the client expressed remorse, complied with all legal instructions, and never attempted to obstruct the investigation.



3. Fatal Traffic Collision in New York | Family Communications, Settlement Efforts, and Remedial Actions


Efforts to communicate with the victim’s family and pursue appropriate settlement discussions are often viewed by New York courts as meaningful steps toward accountability when dealing with a fatal traffic collision.



Apology, Settlement Discussions, and Victim Family Acknowledgment


The defense attorney coordinated a sincere written apology and initiated settlement discussions through proper channels.

 

The client sought reconciliation while respecting the emotional boundaries of the victim’s family.

 

Eventually, the family acknowledged the client’s genuine remorse and submitted a statement indicating they did not seek the harshest form of punishment.

 

This statement became an influential factor during sentencing.



Evidence of Rehabilitation and the Client’s Prior Clean Record


The client had no prior criminal history, maintained consistent employment, and demonstrated strong community ties.

 

New York courts often weigh these elements when distinguishing between isolated negligent acts and persistent risk related behaviors.

 

The attorney presented employment records, character references, and documentation of the client’s responsible lifestyle.

 

These factors helped demonstrate that the fatal traffic collision was an unintended tragedy rather than an indicator of long term danger to the public.



4. Fatal Traffic Collision in New York | Final Outcome and Sentencing Decision


Fatal Traffic Collision in New York Final Outcome and Sentencing Decision

 

The court evaluated all evidence, settlement efforts, expert findings, and the factual context of the fatal traffic collision before issuing its decision.



Factors that Led to a Probationary Sentence Instead of Incarceration


The sentencing court recognized multiple mitigating elements:

 

ㆍThe collision resulted from a visibility limitation rather than reckless driving.

 

ㆍThe client remained at the scene and initiated immediate emergency assistance.

 

ㆍThe client demonstrated sincere remorse and cooperated throughout the investigation.

 

ㆍThe client had no criminal history and no pattern of unsafe driving behavior.

 

ㆍThe victim’s family acknowledged the client’s efforts and did not request maximum punishment.

 

Based on these findings, the court issued a probationary sentence, allowing the client to avoid imprisonment while still recognizing the seriousness of the fatal traffic collision.



Importance of Immediate Legal Representation in Fatal Traffic Collision Cases


Fatal traffic collisions involve serious legal exposure, and outcomes often depend on early legal intervention.

 

An experienced defense attorney can preserve critical evidence, guide the client through investigative procedures, communicate respectfully with affected parties, and construct a mitigation narrative supported by admissible facts.

 

This case illustrates how legal strategy can significantly alter sentencing even when a fatality occurs.


Related lawyers

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Tal Hirshberg attorney profile photo

Tal Hirshberg

Associate

New york

Contracts

Copyright

Corporate

Intellectual Property

Related practices


Speeding and traffic ticket

Related case


Traffic Law Attorney | Strategic Defense by a Traffic Law Attorney Resulting in Non-Prosecution for DUI Accident Allegations Reckless Driving Penalty — How a NYC Traffic Attorney Secured a No-Charge Outcome in a Road Confrontation Case

09 Dec, 2025


Older Posts

view list

Newer Posts

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.

Related lawyers

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Tal Hirshberg attorney profile photo

Tal Hirshberg

Associate

New york

Contracts

Copyright

Corporate

Intellectual Property

Related practices


Speeding and traffic ticket

Related case


Traffic Law Attorney | Strategic Defense by a Traffic Law Attorney Resulting in Non-Prosecution for DUI Accident Allegations Reckless Driving Penalty — How a NYC Traffic Attorney Secured a No-Charge Outcome in a Road Confrontation Case

contents

  • Uninsured Vehicle Accident Defense in New York | Involving DWI and Unlicensed Operation Resulting in Probation on Appeal

  • DUI Crackdown in Washington D.C. | Third Offense DUI Defense Resulting in Mandatory Minimum Incarceration and Supervised Probation

  • Motorcycle Accident Fatality Defense in New York Resulting in a Fine Only Sentence

  • Best DUI Law Firm in Washington D.C. | Strategic Defense in a Chemical Test Refusal Case