A hit and run accident occurred near the end of January where a drunk driver hit an NYPD officer. The driver slammed into the NYPD officer as the plainclothes officer and his partner returned to their patrol car. They had been conducting a car search during a traffic stop. The accident occurred on Tuesday, January 21 around 7:45 p.m. close to East Houston Street and Avenue D.
According to the New York Post, the 45-year-old driver, Franklin Liz fled from the scene. Police apprehended him on Delancey and Columbia streets. They found him in his car and in possession of an open bottle of Tito's Vodka. The officers arrested him. He faces charges of leaving the scene of an accident, vehicular assault, reckless endangerment and DUI.
The NYPD police captain was at the scene when the crash occurred. He said police officer, Juan Collado was pinned between the vehicle and suffered excruciating pain.
As a result of the impact, Collado suffered a compound leg fracture. Bellevue Hospital released him the following Friday. As Collado left the hospital in a wheelchair, dozens of cops were there to cheer his release. Before he returns to his job, he will undergo several months of physical therapy.
(References: New York Post, Jan 22 | New York Post, Jan 24)
Based on New York law, anyone involved in an accident that involves personal injury or death must stay at the scene of the accident until the police arrive.
When pursuing a lawsuit to recover damages from a hit and run accident, the plaintiff’s lawyer would have to prove negligence on the part of the driver. However, if the driver faces criminal charges, the criminal case must resolve before courts will hear a civil case.
Sackstein Sackstein and Lee, LLP has decades of experience advocating for victims in all types of traffic accident cases.