1. Traffic Accident New York | Background of the Client’S Case
Legal Process after a Fatal Traffic Accident
After any fatal traffic accident, New York follows a strict criminal process:
- 1. Police Investigation
Officers gather physical evidence, obtain surveillance video, and assess whether the driver exercised reasonable care.
2. District Attorney Review
Prosecutors analyze whether Criminally Negligent Homicide (NYPL §125.10) or Vehicular Manslaughter (NYPL §125.12/125.13) applies.
3. Grand Jury Consideration
If prosecutors believe the evidence supports charges, the case is presented to a grand jury for indictment.
4. Criminal Trial
If indicted, the driver must contest allegations before a judge or jury.
Because the District Attorney alleged the client failed to exercise due care, the case proceeded to a full criminal trial — placing the client at significant risk.
2. Traffic Accident New York | Legal Standards the Defense Faced
Understanding Criminally Negligent Homicide in New York
Criminally Negligent Homicide (NYPL §125.10) requires proof that the defendant failed to perceive a substantial and unjustifiable risk.
A conviction can result in:
Up to 4 years in state prison
A permanent criminal record
License suspension or revocation
Because this traffic accident involved a fatality, prosecutors aggressively pursued this charge, claiming the client should have seen the victim earlier.
The Role of Forensic Accident Reconstruction
To counter the prosecution, our defense team retained a certified accident reconstruction expert who reviewed:
Black-box data showing the vehicle speed
Stopping-distance calculations
Roadway lighting conditions
Pedestrian visibility analysis
Surveillance footage from nearby businesses
The expert concluded the collision was unavoidable, even for a reasonably attentive driver — a central argument in the defense.
3. Traffic Accident New York | Defense Strategy to Establish Client’S Innocence
Defense Strategy 1: No Criminal Negligence
The defense presented detailed evidence showing:
The client was driving below the posted limit
The pedestrian entered the road unexpectedly
The area had no streetlights, reducing visibility
The pedestrian wore dark clothing, making detection impossible
There was no safe opportunity to brake or avoid the collision
These facts strongly rebutted the claim that the client’s conduct constituted criminal negligence.
Defense Strategy 2: Unavoidable Accident Doctrine
New York courts recognize that not every deadly traffic accident results from criminal behavior. Some collisions are simply unavoidable. Using expert reports and real-time data analysis, we demonstrated:
The client saw the pedestrian only fractions of a second before impact
Even immediate braking would not have prevented the collision
The collision dynamics were consistent with an unexpected roadway entry
This established that the event fell under an “unavoidable accident,” not a prosecutable offense.
Defense Strategy 3: Refuting Claims of Driver Misconduct
Prosecutors argued the client failed to maintain a proper lookout. We refuted this by presenting:
Dashboard camera footage showing careful lane position
Testimony about the lack of lighting and reflective surfaces
Evidence of the client’s clean driving record
Expert analysis confirming proper evasive maneuvers were attempted
This reinforced that the client fulfilled all legal duties under New York Vehicle & Traffic Law.
4. Traffic Accident New York | Final Outcome: Not Guilty
Support for Traffic Accident Defense
Fatal traffic accident allegations can destroy careers, families, and futures — but skilled legal defense can make the difference.
At SJKP, our attorneys conduct detailed accident reconstruction, challenge prosecutorial assumptions, and protect clients facing life-changing charges.
If you or someone you know is under investigation after a serious traffic accident, contact SJKP for immediate assistance.
Our defense team is available to evaluate evidence, handle communications with law enforcement, and build a powerful strategy from day one.
27 Nov, 2025

