Leaving the Scene of an Accident | Reckless Driving | Drunk Driving

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)

Legal Facts About Hit and Run Accidents

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.

How Can Lawyers Help Victims of Hit-and-Run Accidents?

Hit-and-run accidents occur when a driver causes an accident and flees from the accident scene. However, all drivers involved in an accident involving injury or death must stay at the scene of an accident, whether they caused the accident or not. Also, all drivers involved must file an accident report.

Under New York law, anyone who is party to an accident where injury or death occurs must immediately notify the police. It is a crime to leave the accident scene.

Hit and run accidents can involve an accident between vehicles; or between a vehicle and a bicyclist, motorcyclist or pedestrian.

The Recent Hit-and-Run Accident in North Babylon

According to Newsday, an auto parts delivery van hit two pedestrians in the parking lot of an Auto Zone store on July 29. The store was located on Route 231, near Commack Avenue, and the accident occurred around 1:00 in the afternoon.

When the van struck them, one of the pedestrians got caught beneath the van. However, the driver did not stop, and the van dragged her for about three blocks. When the driver made a right turn, she dislodged from the van. Upon arriving at Good Samaritan Hospital Medical Center in West Islip, doctors pronounced the accident victim’s death. Doctors at the hospital also treated the other pedestrian struck by the van for minor non-life threatening injuries.

Investigators at the scene inspected skid marks but no other details about the accident were released. Police apprehended the van driver, charged him with hit-and-run and took him into custody.

What Can a Hit-and-Run Accident Victim or Their Family Members Do?

In addition to the criminal charges a hit-and-run driver faces, a lawyer can file a civil lawsuit on behalf of the injury victim. In the event of death, the attorney can bring a wrongful death lawsuit on behalf of the family.

If you are involved in a hit-and-run accident and suffer serious injuries, you may have legal grounds to pursue a case. New York hit-and-run accident attorneys can investigate the circumstances surrounding your injury and explain your rights to take legal action.

Summer Months Were the Worst Time for Hit and Run

Like all the boroughs, Brooklyn sees its share of hit-and-run accidents. Fortunately a scarcity of hit and run accidents occurred during August, September and October. However, a rash of hit and run accidents had occurred during the early summer months of June and July 2018.

Summer Hit and Run Accidents

• June 24, 2018. A female driver backed out of a parking space outside a Brooklyn laundromat and ran over a mother and her four-year-old daughter, who was riding her scooter. The mother had kneeled down to tend to her daughter when the vehicle struck them. The hospital treated the mother for minor injuries and her daughter was pronounced dead. Police apprehended the driver a few blocks away from the accident scene. She claimed she was unaware of hitting anyone. People using the laundromat had complained about the layout of the parking lot that had cars driving onto the sidewalk where people also tried to walk. (New York Post & ABC NY)
• July 1, 2018. Police arrested a hit and run driver who had crashed his van into a 32 year old co-worker and crushed him to death against the wall of a Brooklyn warehouse. Investigators thought the driver was trying to park his van on 21st Street near Fourth Avenue in Greenwood heights. The driver fled on foot afterward and several workers tried to save the victim. Paramedics rushed him to the hospital where he died. (New York Daily News)
• July 21, 2018. In Brooklyn, a minivan hit three people while the driver was driving the van in reverse. The incident was caught on video and showed the three pedestrians standing on the corner of 11th Avenue and 56th street in Borough Park on Saturday, July 21 around 6:00 p.m. After hitting three victims, who were ages 6, 55 and 64, the driver shifted gears into forward and drove away. Police located and arrested the driver. He faces charges of reckless endangerment, leaving the scene of an accident and unsafe backing of a vehicle. All three victims were taken to a nearby hospital. (Spectrum News - NY1)
• July 28, 2018. On July 28, a hit and run driver critically injured a 57-year-old woman as she was crossing the street at a crosswalk between Avenue P and East 16th Street in Midwood, Brooklyn. A witness saw the car speeding away with damage to the car's front end. A resident told the news reporter that she had seen a number of accidents on the road during the 13 years she had lived there. She said cars were racing day and night up and down the road. (CBS Local)

If you or a loved one has been the victim of a hit and run accident, you should seek legal help. Sackstein Sackstein & Lee, LLP has successfully represented clients in hit and run and other types of accident cases.