Several days ago, a pedestrian was critically injured after being struck by a hit-and-run driver in New Cassel, NY. According to police, an unknown driver was traveling eastbound on Broadway Avenue when they struck a male victim, 61, who had fallen into the roadway. The victim was transported to the hospital and is listed in critical condition.
The Sanders Firm helps victims of automobile accidents in New York to recover compensation for their injuries from negligent or reckless drivers who have caused the accident. There are times when the identity of the driver is not known because the driver left the scene rather than stopped as required by law.
It’s important that the injured victim of the hit and run accident files an uninsured motorist claim with their insurance carrier. Hit and run lawsuits are covered by New York Insurance Law section 5217, which allows uninsured motorist claims when the identity of the vehicle owner is unascertainable, but only in certain situations (see below). This law applies either when the identity of the operator of the vehicle cannot be ascertained, or when the vehicle was driven by an unknown person without the consent of the vehicle’s owner, even if the owner’s identity is known.
In order to avoid fictitious claims by people who were not really in a hit and run accident, the law requires the victim to provide proof of physical contact with another vehicle. It is not enough to claim that you were “cut off” in traffic, even if the other driver’s actions caused you to swerve or lose control and strike another vehicle or object.
Although there must be physical contact with another vehicle, it can be only a part of the vehicle. For example, a muffler could detach from a vehicle and land in the roadway, and another driver striking the muffler could lose control of the car and strike a guardrail or go off the road, resulting in a serious personal injury. This type of accident is very real, but it is hard to prove and presents difficult factual and legal issues related to proximity and other factors.
The attorneys at The Sanders Firm have handled all types of automobile accidents, including hit and run claims and other uninsured motorist claims. If you have been injured in a hit and run or any other type of motor vehicle accident, please contact us at 1.800.FAIR.PLAY or visit: www.TheSandersFirm.com
If you have been a witness in a hit and run accident, please report it to Crime Stoppers at 1-800-244-TIPS.
For the full story: http://longisland.news12.com/story/39247992/pedestrian-injured-in-new-cassel-hit-and-run
