When your life has been upended by a driver who failed to stay at the scene of a crash, you should contact an NYC hit-and-run lawyer to make sure you get the compensation you deserve.

Hit-and-run cases are more complicated than the average car accident, as the at-fault drivers may be difficult to find. Without professional legal assistance, you may struggle to get the compensation you are entitled to.

How an NYC Hit-and-Run Accident Lawyer From Tucker Lawyers PC Can Help You

Our legal team has decades of experience and a proven track record of maximizing settlements. We can help by:

  • Filing all paperwork in accordance with New York deadlines and court requirements.
  • Attempting to track down the at-fault driver by interviewing witnesses, police officers, and first responders, and gathering evidence from traffic cameras and reports from the authorities. We’ll even hire private investigators, if necessary.
  • Negotiating with insurance companies and their attorneys. New York state has a no-fault insurance system that will pay for medical bills, lost wages, and other costs in road accident cases. If you cannot find the driver who hit you, or the driver has no insurance, you can turn to your own uninsured motorist coverage to pay for your pain and suffering. However, your insurance company will try to get you to settle for the lowest amount possible. You’ll need an attorney to fight for a fair settlement on your behalf.
  • Building your case and arguing in front of a judge or jury if your case goes to trial.

Compensation Awards a Hit-and-Run Lawyer in NYC May Win

New York statute ISC 5102 allows you to file a lawsuit if you have sustained a serious injury. The following qualify as serious injuries for the purposes of the measure:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

How Our Hit-and Run Attorney Proves Liability for the Accident

To win your hit-and-run lawsuit, our car accident lawyers will have to show that the defendant in the case was negligent (and therefore responsible for your injuries) in accordance with legal standards.

There are four essential elements to this:

  • The defendant had a duty of care not to harm you.
  • They breached that duty through some action or failure to act.
  • This violation was directly related to the accident that caused your injuries.
  • You suffered some harm as a result.

Damages You May Receive

New York does not have a damages cap for personal injury cases. The more permanent and severe the injury (and the greater the resulting impact on your life), the higher the recovery may be.

Every case is different. Damages can range from thousands to millions, depending on individual circumstances. When estimating the value of your lawsuit, our attorneys will consider:

  • The amount of your monetary losses
  • The type and extent of your injuries
  • Your physical condition before the accident
  • Your family situation
  • Your work situation (including whether you will be able to return to work and what your earning capacity would have been if the accident had not occurred)
  • The conduct of the at-fault party.

Economic Damages

These cover your monetary losses, such as:

  • Medical and rehabilitation bills
  • Lost income (including lost future earning capacity)
  • Property damage.

Noneconomic Damages

These are for damages that do not have a specific dollar value, such as:

  • Pain and suffering
  • Mental anguish and emotional distress
  • Loss of consortium and loss of quality and enjoyment of life
  • Disfigurement or permanent loss of limb.

Punitive Damages

Punitive damages (damages designed to punish defendants, rather than compensate plaintiffs) may sometimes be available. These are generally rare in car accident cases, as they’re reserved for cases involving intentional or grossly negligent wrongdoing; however, leaving the scene of an accident may sometimes satisfy this requirement, depending on other circumstances. You should discuss the potential availability of punitive damages with your lawyer.

Frequently Asked Questions (FAQs)

How long do I have to bring a claim?

The statute of limitations (the time within which a claim must be brought following the date of the accident) is three years for a personal injury claim. Wrongful death claims must be brought within two years of the date of death, not the date of the accident itself.

How will my medical bills be paid?

Whether you were the driver or a passenger, your medical bills will be paid for by the insurance company that covered the car you were in. However, you must file a no-fault application with the insurer within 30 days of the date of the accident; if you fail to do so, you will have waived your right to file the claim for benefits.

Is the hit-and-run driver 100% at fault?

New York law follows the pure comparative negligence rule, which states that an injured party will receive compensation for their injuries in proportion to their percentage of contribution to the accident. For example, if a jury believes a claimant was 10% at fault, the other driver is responsible for paying 90% of the claimant’s damages. In many cases, if a hit-and-run driver has been identified, they will be held strictly liable (100% liable), as fleeing the scene can be considered an admission of guilt.

How long will it take to settle my case?

Every case is different, but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our clients’ cases, reducing the time it generally takes to resolve disputes.

Top 5 Mistakes Made After a Hit-and-Run Accident

These are some of the most common missteps hit-and-run victims take after being injured by a negligent driver:

  • Not filing an accident report with the police
  • Failing to report the accident to their insurance company
  • Assuming they will recover on their own and not seeking medical attention
  • Believing that the insurance company will deal with them fairly
  • Not hiring an experienced attorney who will complete all filings to protect their rights and ensure that the injured person will receive full compensation.

Hit-and-Run Accidents Involving Pedestrians and Cyclists

While using the road in New York is a potentially dangerous activity for everyone, those walking and using bicycles are at the greatest risk of serious injury.

The most common injuries pedestrians and cyclists suffer in road accidents include:

  • Traumatic brain injuries
  • Spinal injuries
  • Internal injuries
  • Road rash
  • Soft tissue injuries
  • Broken bones.

Crosswalks

It’s important to remember that cars and other vehicles are legally obliged to stop for pedestrians at crosswalks. If there is a pedestrian traffic signal at a crosswalk, pedestrians are required to wait for the signal to switch to “Walk.” Otherwise, the pedestrian’s right of way is automatic.

In some cases, the motorist will have a green light at the same time the pedestrian has a “Walk” signal. Despite the green light, the pedestrian retains the right of way in this situation, and the motorist must wait for them to pass.

Dooring

“Dooring” occurs when a driver or passenger in a parked car opens the door into the path of an oncoming cyclist. The cyclist may be unable to stop or avoid the open door and can crash into it or be thrown onto the road or into traffic.

Because New York City is a crowded urban area with a lot of road users competing for space, dooring is common here. This is particularly true of areas of the city with a lot of bike lanes, or just a lot of cyclists.

Call the New York City Hit-and-Run Attorneys at Tucker Lawyers PC Today

At Tucker Lawyers, we know how to get results for our clients. We encourage you to review our past results and client testimonials to get a better idea of our legal services.

You can schedule a consultation at one of our convenient office locations (Brooklyn, Queens, Bronx, Long Island). Our office locations are open Monday through Friday from 9 a.m. to 5 p.m.

If you can’t come to one of our offices, we can come to you. We value our client relationships, and we take our role as advocates seriously. We offer free initial assessments, and you are under no obligation to move forward with our firm if you don’t wish to do so. Our attorneys work on a contingency fee basis, so if you don’t win your case, we don’t get paid.

Reach out to our law firm to speak to personal injury attorneys who will fight for the payment you deserve — call (516) 399-2364 today.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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