The proposed “hit-and-run” bill approved by the New York State Senate and Assembly, awaiting signature by Gov. Andrew Cuomo, does not go far enough to accomplish its intended purpose. The measure was proposed to fill a gaping hole that exists in the law. The law as written creates an incentive for motorists who are involved in accidents to flee the scene to avoid criminal liability for more serious crimes. This in turn makes it less likely that injured persons will receive life-saving medical treatment.

New York Vehicle and Traffic Law §600 requires any person operating a motor vehicle who is involved in an accident to stop and exchange information. This in turn encourages the rendering of medical assistance to the injured person. Failing to comply when there is no injury is a simple traffic infraction. Leaving the scene of an accident resulting in physical injury is a misdemeanor. Leaving the scene of an accident resulting in serious physical injury is a class E felony and should such accident result in death it is punishable as a class D felony.

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