Less than 1 percent of New York City hit-and-run drivers, and only about 7 percent of the drivers who cause fatal pedestrian wrecks, are prosecuted in criminal court.
The statistics are low even though prosecutors have the tools to take these drivers to court. Only 40 drivers have been prosecuted under the new Right of Way Law, a centerpiece of Mayor de Blasio’s “vision zero,” although there were over 6,000 crashes in New York City last year that fell under the law’s scope. Prosecutors on Staten Island have been noticeably lax in this area, whereas authorities in Brooklyn and Manhattan have been quite aggressive.
In New York City, traffic crashes are the leading cause of death for children under 14.
Pedestrian Crashes
These cases form a significant portion of our practice, mainly because the injuries are often extremely serious, even in low-speed wrecks. One study concluded that the fatality and serious injury rate increases sharply if the vehicle is travelling over 20mph at the time of impact. Nearly all crashes, even on side streets, are at this velocity or higher.
According to this same study, driver inattention or distracted driving was the primary contributing factor in about two-thirds of these crashes.
Hit-and-Run Crashes
Even if the driver is not immediately identified, victims still have recourse in these types of collisions.
An attorney often partners with a private investigator to examine physical evidence at the scene and canvass witnesses. First responders may not be s diligent in these areas, because it is their job to attend to victims and not to gather facts for a lawsuit. An investigator might find surveillance video of the scene or interview witnesses who disclose more facts than they initially shared with first responders.
Even if the driver is never identified, most victims may pursue arbitration claims against their own insurance companies to obtain compensation for their injuries.
In all these cases, damages may include cash for both economic damages, like medical bills, and non-economic damages, like pain and suffering. Especially in both hit-and-run and pedestrian cases, punitive damages are also often available.
If the state is not interested in your loss, we are. To get your day in court, contact the experienced personal injury attorneys at Proner & Proner. The sooner you call, the better the results.