What to Do If You Left the Scene of an Accident
If you are reading this page because you left the scene of an accident, time is critical. Here is what you need to do immediately:
1. DO NOT SPEAK TO POLICE
Anything you say can and will be used against you. Police are not trying to help you—they are building a criminal case. Politely decline to answer questions and request an attorney.
2. CALL ME IMMEDIATELY: (631) 903-3733
I answer my phone 24/7. When you hire me, I will advise you on whether to contact police (usually through me, not directly), coordinate a surrender on your terms if necessary, preserve evidence that helps your case, contact witnesses before their memories fade, and negotiate with prosecutors before charges are filed.
3. DO NOT POST ON SOCIAL MEDIA
Prosecutors monitor social media. Any post, comment, or photo related to the incident can be used against you.
4. PRESERVE EVIDENCE
Take photos of your vehicle, save any text messages or communications, and write down everything you remember about the incident while it’s fresh.
5. DO NOT CONTACT THE OTHER PARTY
Any contact with the other driver, passengers, or witnesses can be construed as witness tampering or intimidation. All communication must go through your attorney.
Leaving the Scene Combined with DWI: Criminally Negligent Homicide and Manslaughter
The most serious leaving the scene cases involve both departure from the scene AND alcohol or drug impairment. When intoxication is involved, prosecutors may file additional charges including criminally negligent homicide or vehicular manslaughter.
Criminally Negligent Homicide (Penal Law 125.10)
When a person dies as a result of a driver’s criminal negligence—which can include both intoxication and leaving the scene—prosecutors may charge criminally negligent homicide, a Class E felony.
Vehicular Manslaughter (Penal Law 125.12, 125.13)
If the defendant was intoxicated (BAC .08 or higher) and caused a death, leaving the scene may result in vehicular manslaughter charges:
Second Degree (Class D Felony): Up to 7 years prison
First Degree (Class C Felony): Up to 15 years prison
Degrees of Leaving the Scene of an Accident in New York
New York law classifies leaving the scene of an accident into different degrees based on the severity of the incident. Understanding these distinctions is critical because the difference between degrees can mean the difference between a traffic ticket and years in prison.
Property Damage Only – Traffic Infraction (VTL 600-1a)
When an accident results only in damage to property (another vehicle, a building, a fence, etc.) with no personal injury, leaving the scene is classified as a traffic infraction—not a crime.
Penalties:
- Up to 15 days in jail (rare for first offenses)
- Fines up to $250
- 3 points on your license
- Potential license suspension
Personal Injury – Misdemeanor (VTL 600-2a)
If the accident results in any physical injury to another person—no matter how minor—leaving the scene becomes a criminal misdemeanor.
Penalties:
- Up to 1 year in jail
- Fines up to $1,000
- Mandatory license revocation (minimum 6 months)
- Criminal record (permanent unless sealed)
Serious Physical Injury – Felony (Class E Felony)
When leaving the scene of an accident results in serious physical injury to another person, the charge becomes a Class E felony.
Penalties:
- Up to 4 years in state prison
- Fines up to $5,000
- Mandatory license revocation
- Felony criminal record
Death Involved – Felony (Class D Felony)
Leaving the scene of an accident where someone dies is a Class D felony.
Penalties:
- Up to 7 years in state prison
- Fines up to $5,000
- Mandatory license revocation
- Felony criminal record