Fault in a Fatal Car Accident

by Adam Rosenblum

You immediately slam on your breaks, but to no avail. You hear the screeching of tires and you think to yourself in the split-second before it all goes down, “I hope I make it out of this alive.”

Once you recover, collect your thoughts, and realize that you are unharmed, you exit your vehicle. Unfortunately, as you do, you notice that the driver of the car you violently careened into is not as lucky as you are.

Suspended License for Fault in a Fatal Car Accident.

If you caused a fatal car accident, whether purposefully, negligently, or recklessly, you will need legal representation.

Aside from the potential criminal penalties you will face (vehicular homicide, involuntary manslaughter, etc.), there will be serious driving-related consequences.

Make sure you understand what they are and be sure to contact a NY traffic ticket attorney who can help you avoid having your license suspended (or help you reinstate it if you already had it suspended).

What are the Consequences?

If you ever find yourself in this horrible situation, you will not likely be in the right frame of mind and will be understandably nervous and downright scared.

That is why we are providing you with this information ahead of time in order for you to better understand how to conduct yourself and what you might be facing.

In New York, before you do anything else, if you are involved in an accident of any kind, make sure you report it. Otherwise, you can receive a ticket for failing to report an accident. Next, you must understand that your driving privileges might be suspended if the accident you caused was fatal.

New York does this in order to ensure that dangerous motorists are not endangering the welfare of other drivers. Additionally, the suspension is designed to have you cool off and truly realize the gravity of the situation so that you never again will be so careless.

Depending on the surrounding circumstances, your license can be suspended for 1 year and you can face a severe fine. Moreover, as noted above, you will likely face criminal charges and could even find yourself being sued in civil court for wrongful death arising out of a personal injury case.

Notably, there is a difference between offenses that you might be charged with in court and administrative action that might be taken by DMV.  You might be charged with Reckless Driving (VTL 1212) which is a criminal matter to be handled in court.  In addition, DMV may call you to a fatality hearing or a hearing because they allege you failed to file an accident report within 10 days (VTL 605-a1). Even if your court case is pled down or dismissed, DMV can still take administrative action against you and suspend your license.

Finally, if you are ticketed and plead guilty to that ticket, that plea might be used against you if you are sued for damages in civil court. Hence, due to potential for criminal, civil, and administrative consequences, it is critical that you contact an attorney immediately.

Who Should I Contact?

If you were involved in a car accident involving a fatality or other serious injury, contact Adam H. Rosenblum of The Rosenblum Law Firm. Mr. Rosenblum and his team of experienced traffic ticket attorneys will do what they can to have your license reinstated while vigorously defending and protecting your legal rights. In a sticky situation, e-mail or call The Rosenblum Law Firm at 888-883-5529 .