Protecting Your Rights in a Hit and Run Accident

At Kelner & Kelner, we understand the devastating impact a hit-and-run accident can have on your life. Being injured in a crash where the at-fault driver flees the scene can leave you feeling overwhelmed and unsure of how to seek justice. Our experienced New York hit-and-run accident lawyers are here to provide the compassionate support and aggressive representation you need to hold negligent parties accountable and pursue the compensation you deserve. If you or a loved one has been injured in a hit-and-run, don’t wait—contact Kelner & Kelner today for a free consultation. Let us fight for your rights and help you take the first step toward recovery.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

What Constitutes a Hit and Run?

A hit and run accident occurs when a driver involved in a collision intentionally leaves the scene without providing contact information or rendering aid to injured parties. Under New York law, this is a serious criminal offense that can result in significant legal consequences for the responsible driver.

A hit and run can involve various scenarios, including:

• Vehicle-to-Vehicle Collisions: When a driver strikes another vehicle and deliberately flees the scene without exchanging insurance and contact information, this constitutes a hit and run. Whether the accident occurs on a busy city street in Manhattan or a quiet suburban road, the legal obligations remain the same.
• Pedestrian Accidents: If a driver strikes a pedestrian and fails to stop, provide assistance, or contact emergency services, this is considered a hit and run. These cases are particularly serious, as pedestrians are vulnerable and may require immediate medical attention.
• Property Damage Incidents: Even if no personal injury occurs, leaving the scene after damaging another's property—such as hitting a parked car or a street fixture—can still be classified as a hit and run.

New York State law requires drivers involved in an accident to:

1. Stop immediately at the scene
2. Provide their name, address, and vehicle registration information
3. Show their driver's license if requested
4. Offer reasonable assistance to any injured parties
5. Contact local law enforcement, especially if there are injuries or significant property damage

At Kelner & Kelner, we understand the complexities of hit and run cases. Our experienced car accident attorneys can help victims navigate the legal process, work with law enforcement, and pursue compensation through insurance claims or legal action against the responsible party.

What To Do If You've Been in a Hit and Run Accident

A hit and run accident can be a traumatic and confusing experience. Taking the right steps immediately after the incident can protect your legal rights and improve your chances of identifying the responsible driver and securing compensation.

1. Ensure Your Safety First: Immediately after the accident, move to a safe location if possible. If you're injured, remain still and call 911 for medical assistance. Your health and well-being are the top priorities.
2. Call Law Enforcement: Contact the police immediately, even if the injuries seem minor. A official police report is crucial for insurance claims and potential legal action. When the officers arrive, provide a detailed account of the incident, including:
   • Exact location of the accident
   • Time of occurrence
   • Description of the vehicle that fled
   • Any partial license plate information you may have observed
   • Direction the vehicle was traveling
   • Any additional details you remember
3. Gather Evidence: If you are able to do so safely, collect as much evidence as possible:
   • Take photographs of the damage to your vehicle
   • Photograph the accident scene
   • Look for potential witnesses and ask for their contact information
   • Note any surveillance cameras in the area that might have captured the incident
   • Write down everything you remember about the vehicle that hit you (color, make, model, distinguishing features)
4. Seek Medical Attention: Even if you feel fine, get a medical examination. Some injuries, like whiplash or concussions, may not be immediately apparent. Medical records will also serve as important documentation for your potential claim.
5. Contact Your Insurance Company: Notify your insurance provider about the hit and run accident as soon as possible. Many insurance policies have uninsured motorist coverage that can help compensate for damages when the responsible driver cannot be identified.
6. Consult with a Hit and Run Attorney: An experienced personal injury lawyer can help you:
   • Navigate the complex legal process
   • Communicate with insurance companies
   • Investigate the accident
   • Pursue all available avenues for compensation
   • Protect your legal rights throughout the process
7. Preserve Your Rights: Be cautious about discussing the accident with anyone other than the police, your attorney, and your insurance company. Avoid making statements that could potentially harm your case.

At Kelner & Kelner, we understand the emotional and financial stress a hit and run accident can cause. Our dedicated team of attorneys has extensive experience helping victims navigate these challenging situations and fight for the compensation they deserve.

What If I Was Partially At-Fault?

In New York, being partially at fault in a hit and run accident does not necessarily prevent you from recovering compensation. The state follows a comparative negligence law, which means your ability to seek damages is nuanced and depends on the specific circumstances of the accident.

Comparative Negligence in New York

Under New York's comparative negligence statute, you can still recover damages even if you are partially responsible for the accident. However, your compensation will be reduced proportionally to your degree of fault. For example:

• If you are found to be 30% responsible for the accident, you can still recover 70% of your total damages
• If your fault exceeds 50%, your ability to recover damages becomes significantly more challenging

Factors That May Contribute to Partial Fault

Several scenarios could potentially impact your fault percentage:

• Sudden lane changes without signaling
• Driving above or below the posted speed limit
• Distracted driving
• Failure to maintain proper lookout
• Improper turning or merging

Protecting Your Rights

To maximize your potential compensation:

• Never admit fault at the accident scene
• Gather as much evidence as possible
• Seek immediate medical attention
• Document all expenses related to the accident
• Consult with an experienced personal injury attorney who can accurately assess your case

At Kelner & Kelner, our attorneys have extensive experience navigating complex hit and run cases involving shared fault. We'll thoroughly investigate the circumstances, challenge any unfair fault assessments, and work to secure the maximum compensation possible under the law.

Our Hit and Run Accident Lawyers Can Help

At Kelner & Kelner, we understand that a hit and run accident can be one of the most challenging and overwhelming experiences a victim can face. Our dedicated team of experienced attorneys is committed to guiding you through every step of the legal process, ensuring your rights are protected and your interests are vigorously pursued.

Comprehensive Case Investigation

Our firm brings decades of legal expertise to hit and run cases. We conduct thorough, meticulous investigations that go beyond surface-level evidence. Our attorneys work closely with private investigators, collaborate with local law enforcement, and leverage advanced forensic techniques to identify the responsible driver. We'll analyze traffic camera footage, interview witnesses, and explore every possible avenue to uncover critical evidence that can substantiate your claim.

Navigating Complex Insurance Challenges

Insurance claims involving hit and run accidents are notoriously complicated. Our lawyers have an in-depth understanding of New York insurance laws and uninsured motorist coverage. We'll handle all communications with insurance companies, ensuring that you are not unfairly denied compensation. We negotiate aggressively on your behalf, challenging low-ball settlement offers and fighting to secure the full compensation you deserve for medical expenses, lost wages, vehicle damage, and pain and suffering.

Maximizing Your Financial Recovery

Our legal strategy is tailored to each client's unique circumstances. We carefully assess all potential sources of compensation, including uninsured motorist coverage, personal injury protection, and potential civil claims. If the responsible driver is ultimately identified, we'll pursue both criminal restitution and civil damages. For cases where the driver remains unidentified, we'll explore every available legal avenue to help you recover your losses.

Expert Legal Representation

Kelner & Kelner brings a combination of compassionate client care and aggressive legal representation to hit and run cases. We understand that behind every case is a person who has experienced significant trauma and disruption. Our attorneys provide personalized attention, keeping you informed throughout the legal process and offering support during this challenging time.

Contingency Fee Commitment

We believe that access to justice should not be limited by financial constraints. Our hit and run accident services are provided on a contingency fee basis. This means you pay no upfront legal fees, and we only collect our payment if we successfully recover compensation for your case. Our interests are entirely aligned with yours—we don't get paid unless you do.

Personalized Legal Support

Each hit and run case is unique, and we treat it as such. From the moment you walk through our doors, you'll receive individualized attention. We take the time to understand the full impact of your accident, carefully documenting every aspect of your case to build the strongest possible claim.

Why Choose Kelner & Kelner

'With decades of experience in personal injury law and a proven track record of success, our firm stands out in the complex landscape of hit and run litigation. We combine legal expertise with genuine compassion, ensuring that our clients receive both top-tier legal representation and the emotional support they need during difficult times.

If you or a loved one has been the victim of a hit and run accident, don't face this challenge alone. Contact Kelner & Kelner today for a free, confidential consultation. Let our experienced attorneys fight for the justice and compensation you deserve.

What Compensation Is Available for a Hit and Run Accident?

If you've been involved in a hit-and-run accident in New York, there are several types of compensation you may be eligible for, depending on the circumstances of your case. At Kelner & Kelner, we work diligently to ensure you receive the full compensation you deserve for your injuries and damages. Here's a breakdown of the potential compensation available:

• Medical Expenses: This can include current and future medical bills related to the treatment of your injuries, such as hospital stays, surgeries, medications, rehabilitation, and physical therapy.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you've lost during your recovery. This can also include any future earnings you may lose if your injuries affect your ability to work long-term.
• Pain and Suffering: This non-economic damage compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and its aftermath.
• Property Damage: If your vehicle or other personal property was damaged in the hit-and-run, you may be entitled to compensation for repairs or replacement.
• Wrongful Death: If a loved one tragically lost their life in a hit-and-run accident, family members may be able to file a wrongful death claim to seek compensation for funeral expenses, loss of companionship, and other related costs.
• Uninsured/Underinsured Motorist Coverage: In the event that the responsible driver cannot be identified or is uninsured, your own car insurance policy may provide compensation through your uninsured or underinsured motorist coverage. This is why it's crucial to work with a knowledgeable lawyer to explore all available options.

Our team at Kelner & Kelner is committed to helping you navigate the complexities of a hit-and-run case and pursue every avenue for compensation. Contact us today to discuss your case and find out how we can help you secure the compensation you need to move forward.

Don't Face This Challenging Journey Alone

At Kelner & Kelner, we understand that a hit and run accident can be one of the most traumatic and overwhelming experiences of your life. Our dedicated team of experienced personal injury attorneys is here to guide you through every step of the legal process, providing compassionate support and aggressive representation. We have the knowledge, resources, and commitment to help you navigate the complex legal landscape, fight for your rights, and secure the compensation you deserve.

Time is of the essence in hit and run cases. Evidence can disappear, witnesses' memories can fade, and critical legal deadlines can pass. Don't let uncertainty or fear prevent you from seeking the justice you deserve. Contact Kelner & Kelner today for a free, confidential consultation. Our team is ready to listen to your story, evaluate your case, and provide the strategic legal guidance you need during this challenging time.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Hit and Run Accident Lawyer FAQs

1. What should I do immediately after a hit-and-run accident?

First, ensure your safety and seek medical attention if needed. Call the police and report the accident, providing as much detail as possible about the incident and the fleeing vehicle. Gather evidence, such as photos of the scene, your injuries, and any potential witnesses.

2. Can I still recover compensation if the at-fault driver is not found?

Yes, you may still be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage or through other legal avenues. Our attorneys can guide you through this process.

3. How can I identify the hit-and-run driver?

If possible, try to remember details about the vehicle, such as the make, model, color, license plate number, or any distinguishing features. Witnesses, surveillance cameras, or traffic cameras may also provide valuable information to help locate the driver.

4. What if the hit-and-run driver is never found?

If the driver is not found, your own insurance may cover your damages through your uninsured motorist coverage. Our team will explore all options, including pursuing a claim against your insurance or other liable parties.

5. How long do I have to file a claim for a hit-and-run accident in New York?

In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident. However, it's essential to consult with an attorney as soon as possible to ensure you don’t miss any important deadlines.

6. Can I file a claim if I don’t have uninsured motorist coverage?

If you do not have uninsured motorist coverage, you may still be able to pursue compensation through other avenues, such as your health insurance, or by filing a claim against the at-fault driver if they are located.

7. Do I need a lawyer for a hit-and-run accident case?

While you can file a claim on your own, having an experienced hit-and-run accident lawyer can help ensure you receive the maximum compensation possible. Our legal team can handle the complexities of the case, including dealing with insurance companies and investigating the accident.

8. How is fault determined in a hit-and-run accident?

In a hit-and-run accident, fault is typically determined by gathering evidence, such as witness testimony, surveillance footage, or physical evidence from the scene. If the at-fault driver is not found, fault may be assigned based on the circumstances of the accident and available evidence.

9. Can I still file a claim if I was partially at fault in the accident?

Yes, New York follows a comparative negligence rule, which means you may still be able to recover compensation even if you were partially at fault for the accident. However, your compensation could be reduced based on the percentage of fault assigned to you.

10. What types of compensation can I receive for a hit-and-run accident?

Compensation can include medical bills, lost wages, pain and suffering, property damage, and, in the case of fatal accidents, wrongful death claims. Our attorneys will help you understand what types of compensation you may be entitled to and fight for the best possible outcome.