Leaving the Scene of an Accident

Leaving the scene of an accident without properly stopping and reporting the incident is a serious offense in New York. The severity of the charges under Vehicle and Traffic Law (VTL) § 600 depends entirely on the outcome of the collision: specifically, whether it involved only property damage or resulted in personal injury or death. Unlike simple traffic tickets, leaving the scene with injury is a criminal offense that can lead to years in state prison.

Leaving the Scene Involving Property Damage (VTL § 600(1))

This section governs accidents where a driver knows or has cause to know that damage has been caused to the real or personal property of another, excluding animals.

• Driver’s Duties: The driver must immediately stop, exhibit their driver’s license and insurance card, and provide their name and address to the party whose property was damaged. If the owner of the damaged property is not present (for instance, hitting a parked car), the driver must leave a written note containing the required information in a conspicuous place. Additionally, the driver must report the incident to the nearest police station or judicial officer as soon as physically able.
• Offense Level: A violation of VTL § 600(1) is classified as a traffic infraction, not a crime.
• Penalties: Penalties include a fine of up to $250 and/or imprisonment for up to 15 days for a first offense. Repeat offenses carry higher penalties.

Leaving the Scene Involving Personal Injury (VTL § 600(2))

This is a significantly more serious matter, applying when a driver knows or has cause to know that personal injury has been caused to another person, including passengers in the driver's own vehicle.

• Driver’s Duties: The driver must immediately stop, exhibit their license and insurance information, and provide their name and address. Crucially, the driver must also render reasonable assistance to the injured person, which often includes ensuring they receive medical attention if necessary.
• Offense Level: Criminal Charges: A failure to fulfill the duties of VTL § 600(2) is classified as a crime, ranging from a misdemeanor to a felony based on the extent of the injuries sustained.

Penalties for Leaving the Scene of an Accident

• Class A Misdemeanor: Generally applies when the driver leaves the scene of an accident involving any personal injury (other than merely failing to exhibit the license/insurance or exchange information). The penalty for a conviction is up to one year in jail and a fine up to $1,000.
• Class E Felony: The charge is elevated to a felony if the personal injury caused involves serious physical injury. A conviction can result in a fine between $1,000 and $5,000 and a sentence of up to four years in state prison.
• Class D Felony: The most severe charge applies if the incident results in the death of another person. A conviction can result in a fine between $2,000 and $5,000 and a sentence of up to seven years in state prison.

Defense Focus: Knowledge is Key

In both subsections of VTL § 600, a conviction requires the prosecution to prove that the driver knew or had cause to know that damage or injury occurred. One effective defense strategy can be challenging this element of knowledge. For instance, in property damage cases, was the impact so minor that a driver could reasonably be unaware? In personal injury cases, did the victim appear uninjured and wave the driver away, potentially vitiating the knowledge requirement? Given the potential for felony prosecution and incarceration, immediate legal counsel is critical when charged under VTL § 600. 

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