Hit and Run Accident Lawyer Brooklyn
Being struck by a driver who flees the scene leaves an injured Brooklyn resident with medical bills, vehicle damage, and unanswered questions about how to recover compensation. Law Offices Of SRIS, P.C. represents individuals injured in hit and run collisions throughout Brooklyn, focusing on the civil recovery options available to the injured person rather than the criminal aspects of the case. When the fleeing driver is later identified, whether through police investigation, witness information, or other means, the claim generally proceeds under New York’s ordinary motor vehicle personal injury framework. When the driver is never identified, New York law provides certain avenues for pursuing compensation through the injured person’s own insurance coverage, and evaluating which of those avenues may apply depends heavily on the specific facts and coverage involved. The firm reviews the circumstances of each Brooklyn hit and run collision, works to identify the responsible driver where possible, and evaluates the insurance-based options available when identification is not possible. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys bring insight from both prosecution and civil practice to these matters. If you were injured in a hit and run accident in Brooklyn, call (888) 437-7747.
On this page
ToggleWhat Hit and Run Accidents Mean in Brooklyn
Brooklyn’s mix of dense residential streets, commercial corridors, and highway approaches means that a hit and run collision can occur in a wide range of settings, from a parking lot fender-bender to a more serious roadway crash. This page addresses the civil side of a hit and run incident, meaning the injured person’s options for recovering compensation, rather than the criminal offense of leaving the scene of an accident, which is a separate matter handled through the criminal justice system. When the driver who caused the collision is later identified, the injured person’s civil claim generally proceeds under the same framework that applies to any other motor vehicle accident in New York. Because the claim involves a motor vehicle, N.Y. C.P.L.R. § 1411(b) governs the comparative-fault analysis, meaning a claimant whose own fault is found to be greater than the identified driver’s fault is barred from recovering damages. The claim is also subject to New York’s “serious injury” threshold under N.Y. Ins. Law § 5102(d) before pain and suffering damages can be pursued, and N.Y. Veh. & Traf. Law § 388 may allow the injured person to pursue the vehicle’s owner, in addition to the driver, if someone other than the owner was driving with permission. When the fleeing driver is never identified, the analysis changes considerably. New York law generally provides certain avenues for recovering compensation through the injured person’s own automobile insurance coverage in situations involving an unidentified driver, though the specific coverage and procedures that apply depend heavily on the individual policy and the facts of the incident. Litigation or claims arising from a Brooklyn hit and run accident may involve Kings County Supreme Court, part of the state’s 2nd Judicial District, depending on how the matter proceeds. The firm reviews the available facts and evidence in each case to determine which recovery path applies.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Hit and Run Accident Cases
Mr. Sris and the firm’s Of Counsel attorneys approach a Brooklyn hit and run case by first working to determine whether the fleeing driver can be identified through police reports, surveillance footage, witness accounts, or other available evidence. When the driver is identified, the firm applies the same framework used in other motor vehicle accident claims, including the comparative-fault analysis under N.Y. C.P.L.R. § 1411(b), the “serious injury” threshold under N.Y. Ins. Law § 5102(d), and vehicle-owner liability principles under N.Y. Veh. & Traf. Law § 388 where the driver was not the vehicle’s owner. When the driver cannot be identified, the firm reviews the injured client’s own insurance coverage and the circumstances of the incident to evaluate what avenues for recovery may exist under New York law for cases involving an unidentified driver. Because these situations are fact-specific and can involve policy language and procedural requirements that vary from case to case, the firm treats early investigation and prompt evaluation as important parts of the process. The firm also gathers evidence relevant to establishing how the collision occurred, including any information about the fleeing vehicle, such as a partial license plate, vehicle description, or witness observations, which can assist in identifying the responsible driver even after the fact. Mr. Sris and the firm’s Of Counsel attorneys apply this combined approach, addressing both identified-driver and unidentified-driver scenarios, on behalf of clients injured in hit and run collisions throughout Brooklyn.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of the firm, founded the practice in 1997 and has practiced law since that year. He served as a former prosecutor before entering private practice, an experience that gave him direct exposure to how injury and liability cases are investigated and litigated. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he has applied to complex financial and technology-related cases handled by the firm. He is admitted to practice law individually in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys work alongside Mr. Sris on personal injury matters, including hit and run accident claims involving both identified and unidentified drivers. The firm’s intake line is staffed 24/7, allowing an injured person or a family member to reach the office promptly after a hit and run collision, when evidence may still be available for investigation. Mr. Sris and the firm’s Of Counsel attorneys bring this combined background to hit and run matters throughout Brooklyn, working to identify recovery options whether or not the responsible driver has been located.
Frequently Asked Questions
What if the driver who hit me is never identified?
New York law generally provides certain avenues for recovering compensation through your own automobile insurance coverage in situations involving an unidentified driver. The specific coverage and procedures that apply depend on your individual policy and the facts of the incident, making this a fact-specific area that benefits from prompt legal review. Gathering any available information about the fleeing vehicle, such as a partial license plate, vehicle description, or witness statements, can also assist in identifying the driver even after the collision, which may change the available options for recovering compensation.
Does the same comparative fault rule apply once the hit and run driver is identified?
Yes. Once the driver is identified, the claim generally proceeds like any other motor vehicle personal injury case in New York. Under N.Y. C.P.L.R. § 1411(b), a claimant whose own fault is found to be greater than the fault of the identified driver is barred from recovering damages. This is the same standard that applies to standard car accident claims, since a hit and run claim against an identified driver is treated as an ordinary motor vehicle personal injury action once liability can be established against that person.
What is the deadline to file a hit and run injury claim?
Under N.Y. C.P.L.R. § 214(5), a personal injury claim in New York generally must be filed within three years of the date of the accident. Certain circumstances may toll or otherwise affect this period, so the applicable deadline can vary depending on the facts of a specific case. Because identifying the driver can take time, and because insurance-based recovery options for unidentified drivers can involve their own procedural requirements, prompt legal consultation after a hit and run accident is generally advisable.
What happens if a hit and run accident results in a death?
When a hit and run collision results in a death, the decedent’s personal representative may bring a wrongful death action under N.Y. E.P.T.L. § 5-4.1, which must generally be commenced within two years of the date of death, though certain circumstances may toll or otherwise affect this period as well. Damages in a wrongful death action are limited under N.Y. E.P.T.L. § 5-4.3 to fair and just compensation for pecuniary losses resulting from the death, along with reasonable medical and funeral expenses; grief, anguish, and loss of companionship are not recoverable under New York’s wrongful death statute. Separately, the decedent’s own pre-death injury claim may survive as part of the estate.
Should I still report a hit and run accident to the police?
Yes. Reporting the accident to the police creates an official record of the incident and may assist in identifying the responsible driver through investigation. A police report can also be relevant evidence when pursuing a claim, whether against an identified driver or through your own insurance coverage in an unidentified-driver situation. Reporting the incident promptly, along with seeking medical attention for any injuries, helps preserve evidence that may become important to your case later on.
How do I begin a hit and run claim with the firm?
You can call the firm’s intake line, staffed 24/7, at (888) 437-7747 to request a consultation. Mr. Sris and the firm’s Of Counsel attorneys review the available facts, including whether the driver has been identified, to determine which recovery options under New York law may apply to your situation. Because evidence in these cases can be time-sensitive, reaching out promptly after the accident is generally advisable so that available leads can be pursued while they remain fresh.
Related Pages
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- Negligence Lawyer Brooklyn
The same rules apply outside Brooklyn, and our page on hit and run accident claims across New York walks through each stage.