There are various traffic laws about leaving the scene of an accident. This article is about leaving the scene of an accident between a car and an animal. New York State laws are very specific. You only need to stop if the accident is between a “horse, dog, cat or animal classified as cattle.” This excludes deer, which is the most typical accident between vehicles and animals.
A conviction of this violation will put three points on your driving record. The maximum fine is $150 + $93 surcharge (assuming no other points on record). However, the costs end up higher in the form of car insurance payments. When your bi-annual car insurance comes up, your car insurance company will check your driving record. If they see a violation like leaving the scene of an accident, they will, in all likelihood, increase your insurance rates exponentially.
The exact wording of the statute is as follows:
"Any person operating a motor vehicle which shall strike and injure any horse, dog, cat or animal classified as cattle shall stop and endeavor to locate the owner or custodian of such animal or a police, peace or judicial officer of the vicinity, and take any other reasonable and appropriate action so that the animal may have necessary attention, and shall also promptly report the matter to such owner, custodian or officer (or if no one of such has been located, then to a police officer of some other nearby community), exhibiting his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, giving his or her name and residence, including street and street number, insurance carrier and insurance identification information and license number. In addition to the foregoing, any such person shall also: (i) produce the proof of insurance coverage required pursuant to article forty-four-B of this chapter if such person is a TNC driver operating a TNC vehicle at the time of the incident who was (A) logged on to the TNC's digital network but not engaged in a TNC pre-arranged trip or (B) was engaged in a TNC pre-arranged trip; and (ii) disclose whether he or she, at the time such incident occurred, was (A) logged on to the TNC's digital network but not engaged in a TNC pre-arranged trip or (B) was engaged in a TNC pre-arranged trip. Violation of this section shall be punishable by a fine of not more than one hundred dollars for a first offense and by a fine of not less than fifty nor more than one hundred fifty dollars for a second offense and each subsequent offense; provided, however where the animal that has been struck and injured is a guide dog, hearing dog or service dog, as such terms are defined in section forty-seven-b of the civil rights law which is actually engaged in aiding or guiding a person with a disability, a violation of this section shall be punishable by a fine of not less than fifty nor more than one hundred fifty dollars for a first offense and by a fine of not less than one hundred fifty dollars nor more than three hundred dollars for a second offense and each subsequent offense."
There are various methods of avoiding the points associated with the violation. It is even possible if the charges are accurate. In most instances the police come to the scene after the incident and there is no personal knowledge of the alleged violation. Thus, this type of charge is easier to fight than other types of traffic related charges. Your attorney can also make any necessary court appearances in your place.
The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We help motorists with all types of traffic related charges including those that involve leaving the scene of an accident. Our firm does not shy away from complicated or difficult cases. Our team is confident that with our experience and diligence we can help fight the most serious traffic-related charges. Our success is attested by the many five-star reviews our firm has received. The Benjamin Goldman Law Office takes on cases throughout New York State. We help clients in North County, Capital District, Mohawk Valley, Finger Lakes, Western New York, Southern Tier, Central New York, Catskills, Upstate New York, Hudson Valley, New York City, and Long Island. Contact us at your convenience to discuss your case. We provide all potential clients with a free consultation.
For any personal injuries that arise from a car accident you can contact the Sternberg Injury Law Firm
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.