New York Criminal Lawyer Blawg

In New York State if a motorist is involved in an automobile accident and does not report that accident it can open the motorist up to criminal prosecution. There are two very different types of charges under the Vehicle and Traffic Law for leaving the scene of an accident without reporting. As white plains felony charges lawyers and traffic violations attorneys we want you to know the different classes of offenses and potential sentences for each.

Leaving the scene of a PROPERTY damage accident without reporting

VTL 600(1) provides that ” Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property … due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, … and give his or her name, residence, including street and number, insurance carrier … and license number to the party sustaining damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.”

A violation of VTL 600(1)(a) is a traffic infraction punishable by :

1. A fine of up to $250;

2. Up to 15 days in jail; or a 3. Both

Leaving the scene of a PERSONAL INJURY accident without reporting

VTL 600(2)(a) “Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification … to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then he or she shall report said incident as soon as physically able to the nearest police station or judicial officer.”

The level of the offense and the punishment depends upon if the mororist has ever committed this crime in the past and also the level of injury or death of the party. Leaving the scene of a Personal Injury Accident is a CRIME and ranges from a class “B” misdemeanor to a class “D” felony. The Sentences for Misdemeanors and felony range from fines, probation to jail.

Leaving the scene of a PERSONAL INJURY accident is a fingerprintable offense and a crime. Any conviction will result in a license revocation and the motorist will not be permitted to obtain a conditional license.

In any criminal defense its important to know the classes of misdemeanors and the types of misdemeanor crimes including felonies. Here in this case leaving the scene of a property damage accident is a noncriminal offense while leaving the scene of a personal injury accident is a crime.

If you have any questions how these charges are defended or how they relate to other charges such as driving while intoxicated (DWI) or driving while ability impaired (DWAI) contact my office for a free consultation.

After an automobile accident time is critical and you need to know what to do!

First, make sure you and your loved ones get any medical attention they need but following these simple steps will help you develop a case should you or your loved ones get injured and sue the other driver.

1. Stop your car after the accident

   In New York State if you are involved in a car accident you must report it to the Police. This is important since the Police will make a report and we can use that report to investigate the accident.

2. Call for Medial Attention

   Call for an ambulance and comfort any injured person until help arrives. If you are injured do not decline medical attention. It is always better to have a professional tend to a potential injury immediately than to wait days for medical help. When the ambulance arrives be sure to make a note about what ambulance company arrived at the accident scene.

3. Get Information about the Car Accident

   Take pictures of the road, cars and the damage. You can never take too many pictures at the accident scene. Also, take pictures of any visible injures to yourself and/or loved ones. Get the names and contact information of any witnesses to the accident. Don't let potential witnesses just drive away.

4. Never Admit to Any Fault - accidental or otherwise

   The most important part of the accident is NEVER admit you did anything wrong. Do not discuss the accident with any witnesses.

5. Take Notes on the Accident

   As soon as possible make some notes regarding how the auto accident happened to refresh your memory at a later date.

6. Call for Car Accident Injury Lawyer

   Immediately call our office for a free consultation to discuss your case at (914) 946-4808

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At Riebling, Proto & Sachs, LLP we handle all types of car accident cases and aggressively fight to obtain compensation for your injuries. If you or someone you know are involved in a automobile accident call one of our auto accident lawyers. We represent clients in Westchester, Bronx, Brooklyn, Queens, New York City, Putnam, Dutchess, Rockland and Orange Counties as well as throughout New York State.

When an individual suffers a personal injury as a result of the actions of an animal, most commonly those cases involving dog bites,W

it is often believed that the injured person may not recover from the dog's owner if the dog has never bitten anyone before. This misconception is often referred to as the "one free bite" rule. Under New York State law, there is no such rule. The standard is not whether or not the dog has bitten previously, what is required is that the dog, or any other animal, exhibits a "vicious propensity" that the owner knew or should have known.

The attorneys at Riebling, Proto & Sachs, LLP are personal injury lawyers in New York who utilize these important aspects of the law to maximize the recovery for their clients.

New York Courts have defined a vicious or dangerous propensity to mean a natural inclination or habitual tendency to act in a manner that might endanger the person or property of others, Collier v Zambito, 1 NY3d 444, 775 NYS2d 205, 807 NE2d 254; Dickson v McCoy, 39 NY 400; Wheaton v Guthrie, 898 AD2d 809, 453 NYS2d 480; Lagoda v Dorr, 28 AD2d 208, 284 NYS 2d 130; Shuffian v Garfola, 9 AD2d 910, 195 NYS 2d 45; see Mirabella v Thiem, 306 NY 650, 116 NE2d 492, and Webster's International Dictionary.

As previously mentioned:

"a vicious propensity is not limited to a bite or other attack, but 'includes a propensity to act in a manner that may endanger the safety of another, whether playful or not." (Provorse v Curtis, 288 AD2d 832 [decided herewith]; see, Mitura v Roy, 174 AD2d 1020; see also, Anderson v Carduner, 279 AD2d 369, 369-370)."Marquardt v Milewski, 288 AD2d 928, 732 NYS2d 801.

Any 'known tendency to attack others, even in playfulness, as in the case of the overly friendly large dog with a propensity for enthusiastic jumping up on visitors, will be enough to make the defendant liable for damages resulting from such an act.' (Thirlwall v Galanter, 66 Misc 2d 88, 90 [Sandler, J.], quoting Prosser, Torts, at 515 [3d ed.]; see also, Mitura v Roy, Anderson v Carduner 279 AD2d 369

In the Supreme Court, Westchester County, located in White Plains, New York, personal injury trial attorney Stephen Riebling successfully litigated and settled just such a case on behalf of his injured client.

In that case, the client suffered a significant personal injury to her nose and face when a dog owned by an acquaintance jumped up at the client.

When the dog jumped, its mouth and teeth smashed into the client's face resulting in serious injuries that required multiple surgeries. The owners of the dog defended the case by claiming that their dog had never bitten anyone before and was just a large friendly dog.

Attorney Riebling successfully demonstrated at trial that the dog had the requisite "vicious propensity" even though the dog had never bitten anyone before. Instead of arguing that the injury resulted from a dog bite, Attorney Riebling argued that the client's injuries resulted from the dog's natural inclination to jump up onto people. It was further shown that the owner's were aware of the dog's habit to jump and had acted to guard against the dog jumping onto people before this incident occurred. As compensation for her personal injuries, Attorney Riebling's client accepted a mid-six figure settlement offer at trial.

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If you or someone you know has been injured and needs a personal injury attorney, please contact Stephen Riebling or any member of the firm for a free consultation. The firm's personal injury attorneys regularly appear in all the courts of New York: Westchester, Bronx, Rockland, Putman, Dutchess and Orange Counties.