Council Bill Would Fine Drivers for Leaving the Scene of a Crash

Council Members Jimmy Van Bramer and Ydanis Rodriguez have introduced a bill that would impose civil penalties for hit-and-run crashes.

Intro 371 would attach escalating fines, based on injury severity, for violating Section 600 of the state traffic code, which deals with leaving the scene. Fines would begin at “not more than” $250 for drivers who leave the scene of a crash, $500 to $1,000 for a crash resulting in physical injury, $1,000 to $5,000 for a serious injury crash, and $2,000 to $5,000 for a fatal crash.

The bill refers to Article 10 of the state penal law for definitions of injury — “impairment of physical condition or substantial pain” — and serious injury — “injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”

Unlike Intro 238, a bill passed by the council last week that applies a strict liability standard to cases where motorists strike pedestrians or cyclists who have the right of way, Intro 371 would apply only when a driver “knows or has cause to know that physical injury has occurred.” This burden of proof gives rise to the “I didn’t see her” defense, often employed by hit-and-run drivers who avoid prosecution, even in cases where the victim dies.

Current state law gives drivers who have been drinking an incentive to flee the scene, as the criminal penalty for hit-and-run can be less severe than for causing injury while driving drunk. Albany has repeatedly failed to pass legislation that would toughen criminal penalties for leaving the scene.