Traffic Lawyer : Property Damage Hit and Run Defense

Under New York law, any driver involved in an accident that causes property damage must stop immediately at the scene. The driver must provide their name, address, and phone number to the other driver or property owner, and must also provide their insurance information. Failure to comply with these requirements constitutes a hit and run violation. The severity of the charge depends on whether the accident involved only property damage or also caused personal injury. A traffic lawyer in Brooklyn will review the specific circumstances of your accident to determine which charges apply and what defenses may be available.

Convictions for property damage hit and run in New York can result in fines ranging from $250 to $1,000, points added to your driving record, and potential suspension of your driver's license. A second offense within ten years carries more severe penalties, including higher fines and longer license suspension periods. Beyond criminal penalties, a hit and run conviction can affect your auto insurance rates, employment opportunities, and professional licenses. Understanding these consequences underscores the importance of working with a traffic lawyer in Brooklyn who can advocate for reduced charges or alternative resolutions.

When you are charged with a hit and run involving property damage in Brooklyn, your case will proceed through Brooklyn Criminal Court. The initial appearance typically occurs within 24 hours of arrest, where you will be informed of the charges and your rights. Arraignment follows, during which bail or release conditions are determined. A traffic lawyer in Brooklyn will represent you at these early stages to ensure your rights are protected and to begin building your defense strategy. The discovery process allows your attorney to obtain police reports, witness statements, accident scene photographs, and any other evidence the prosecution intends to use against you. Pre-trial motions may be filed to challenge evidence or suppress statements made without proper Miranda warnings.

Successful defense of a hit and run charge often depends on thorough investigation and analysis of the evidence. Police reports, surveillance video from nearby businesses or traffic cameras, witness statements, and vehicle damage assessments all play important roles in your case. A traffic lawyer in Brooklyn will work with investigators to identify weaknesses in the prosecution's case and gather evidence supporting your defense. For example, if surveillance footage shows that you did remain at the scene or that you were not the driver of the vehicle, this evidence can be crucial to your defense. Additionally, if the police failed to properly identify your vehicle or if there are questions about vehicle registration or identification, these issues can be raised in court.

One of the most common defenses to hit and run charges involves questioning whether the prosecution can prove your vehicle was involved in the accident. If the witness only has a partial license plate number, a general vehicle description, or conflicting descriptions of the vehicle, a traffic lawyer in Brooklyn can argue that the identification is insufficient to prove guilt beyond a reasonable doubt. Expert testimony regarding vehicle identification procedures and the reliability of eyewitness identification may also strengthen your defense. Additionally, if the accident scene was poorly lit, visibility was limited, or the witness was at a distance from the vehicle, these factors can undermine the prosecution's case.

A driver cannot be convicted of hit and run if they were unaware that an accident occurred. In some cases, minor property damage may not be immediately apparent to the driver, particularly if the contact was minimal or if the driver's attention was focused on other matters. A traffic lawyer in Brooklyn can argue that you did not realize you were involved in an accident and therefore had no obligation to stop. This defense is more applicable to cases involving minor property damage and requires evidence supporting your claim of lack of knowledge.

When property damage occurs in a hit and run accident, the victim may file a claim under their own insurance policy or pursue a claim against the at-fault driver's insurance once the driver is identified. If you are identified as the at-fault driver, your insurance company will be notified of the claim. Your insurance rates may increase significantly, and in some cases, your policy may be cancelled or non-renewed. A traffic lawyer in Brooklyn can provide guidance on how to interact with your insurance company and protect your interests during the claims process. For more information on how insurance claims are handled in hit and run cases, you may want to review resources on Hit and Run Insurance Claims.

In addition to criminal charges, you may face civil liability for property damage caused by your vehicle. The property owner can pursue a lawsuit against you to recover repair costs, diminished vehicle value, and other related expenses. If you were uninsured or underinsured at the time of the accident, you may be personally responsible for paying these damages. A traffic lawyer in Brooklyn can help you understand your potential civil liability and work toward a resolution that protects your financial interests. Understanding your rights and obligations in both criminal and civil proceedings is essential to developing a comprehensive defense strategy. For additional information on the legal consequences of leaving an accident scene, you may find it helpful to review details about Hit and Run Accidents.

A traffic lawyer in Brooklyn will evaluate which negotiation strategy is most appropriate based on your specific circumstances and the prosecutor's position. The goal is to achieve the best possible outcome while minimizing the long-term consequences to your driving record and criminal history.

If you are convicted or accept a plea agreement, sentencing will be determined by the judge based on factors such as your prior criminal history, the extent of property damage, whether anyone was injured, and your cooperation with authorities. A traffic lawyer in Brooklyn can present mitigating factors to the judge, such as your employment history, community ties, and lack of prior traffic violations, to argue for a lenient sentence. Additionally, if you have completed defensive driving courses or made restitution to the victim, these actions can be presented to support a request for reduced penalties.