Brooklyn Hit-and-Run Wrongful Death Attorney

Our Brooklyn hit-and-run wrongful death attorneys recover compensation for families even when the driver is never found. Call Davidoff Law: 718-268-8800. 

Losing a loved one in a hit-and-run crash is a heartbreaking experience made even more difficult when the driver responsible flees the scene. While a criminal investigation may be underway, your family may also have important legal rights under New York law. Even if the at-fault driver has not yet been identified, compensation may still be available through uninsured motorist coverage or other legal avenues. 

At Davidoff Law, our Brooklyn hit-and-run wrongful death attorneys help families pursue justice and hold every responsible party accountable. Call (718) 268-8800 today for a free consultation.

Why Choose Davidoff Law for Your Brooklyn Hit-and-Run Wrongful Death Case?

Fatal hit-and-run accidents often involve complex investigations, insurance issues, and wrongful death laws. At Davidoff Law, we work quickly to preserve evidence, coordinate with investigators, and identify every available source of compensation for grieving families.

When you choose our firm, you benefit from:

• Extensive experience handling wrongful death and fatal motor vehicle accident claims.
• Thorough investigations into hit-and-run collisions.
• Prompt preservation of surveillance footage, witness statements, and other critical evidence.
• Experience handling uninsured and underinsured motorist insurance claims.
• Trial-ready representation if a fair settlement cannot be reached.
• No attorney's fees unless we recover compensation for your family.

Our legal team is committed to protecting your family's rights while you focus on healing.

How Common Are Fatal Hit-and-Run Crashes?

Hit-and-run crashes remain a serious public safety concern throughout the United States, particularly in densely populated urban areas where pedestrians and cyclists are at greater risk.

Según el AAA Foundation for Traffic Safety y el National Highway Traffic Safety Administration (NHTSA):

• Hundreds of people are killed in hit-and-run crashes across the United States each year.
• Pedestrians account for a significant percentage of fatal hit-and-run victims.
• Many fatal hit-and-run crashes occur in urban areas where traffic congestion, intersections, and pedestrian activity are more common.

Although the driver may flee the scene, leaving an accident does not eliminate civil liability for the harm caused or prevent surviving family members from pursuing compensation.

What Is a Hit-and-Run Wrongful Death Claim?

A hit-and-run wrongful death claim is a civil lawsuit or insurance claim arising from a fatal motor vehicle accident in which the at-fault driver leaves the scene without stopping to provide required information or render assistance.

These claims are separate from any criminal charges the driver may face. Even if law enforcement has not identified or arrested the driver, the deceased person's estate may still have options to pursue financial recovery.

Like other wrongful death claims in New York, the lawsuit is generally brought by the personal representative of the deceased person's estate on behalf of eligible surviving family members.

Can You Recover Compensation if the Driver Is Never Found?

Yes. In some cases, families may still recover compensation even if the hit-and-run driver is never identified.

Depending on the circumstances, financial recovery may be available through:

• Uninsured motorist (UM) coverage, which may apply when the at-fault driver cannot be identified.
• Supplemental uninsured/underinsured motorist (SUM) coverage, if applicable.
• Other available insurance policies that may provide coverage for the fatal accident.

If the driver is later identified, the estate may also pursue a wrongful death claim directly against the responsible individual and, where appropriate, any other legally responsible parties.

Because insurance coverage can vary depending on the facts of the case and the policies involved, it is important to have an attorney review all potential sources of compensation.

Who May Be Liable for a Fatal Hit-and-Run Crash?

Although the fleeing driver is often the primary responsible party, liability does not always end there. Depending on the circumstances, additional individuals or entities may also share legal responsibility.

Potentially liable parties may include:

• The hit-and-run driver
• The owner of the vehicle, in certain circumstances
• An employer if the driver was acting within the scope of employment
• Another negligent driver whose actions contributed to the collision
• A government entity responsible for dangerous roadway conditions, where applicable
• A vehicle or component manufacturer if a defective product contributed to the fatal crash

Identifying every potentially liable party is an important step in maximizing the compensation available to surviving family members.

What Must Be Proven in a Hit-and-Run Wrongful Death Claim?

To recover compensation, the estate generally must establish several legal elements. Although the evidence varies from case to case, a successful wrongful death claim typically requires proof that:

1. The defendant's wrongful conduct caused the fatal accident: This may involve negligent, reckless, or unlawful conduct, including leaving the scene of the crash.
2. The accident resulted in the person's death: Medical records, the death certificate, and other evidence typically establish this element.
3. Eligible beneficiaries suffered compensable losses: The estate must show the financial losses recognized under New York's wrongful death law.
4. The personal representative brings the claim: Under New York law, the wrongful death action is generally filed by the personal representative of the deceased person's estate.
5. The available evidence supports liability and damages: Police reports, surveillance footage, eyewitness testimony, accident reconstruction, and other evidence often play an important role in establishing the claim.

Because hit-and-run drivers often attempt to avoid responsibility, acting quickly to preserve evidence can be critical to a successful case.

What Compensation May Be Available?

If your family loses a loved one in a fatal hit-and-run crash, New York law may allow the estate to recover compensation for certain financial losses resulting from the death. In some cases, additional damages may also be available through a separate survival action.

Daños por muerte por negligencia

Under New York law, recoverable damages may include:

• Medical expenses related to the deceased's final injury
• Gastos de funeral y entierro
• Loss of the deceased's financial support
• Loss of household services
• Loss of parental guidance and nurturing for surviving children
• The value of inheritance beneficiaries would likely have received

The amount recoverable depends on factors such as the deceased's age, earning capacity, life expectancy, and the financial support they would have provided to their family.

Survival Action Damages

If your loved one survived for a period of time after the collision before passing away, the estate may also pursue compensation through a survival action. This separate claim may allow recovery for the deceased's conscious pain and suffering, medical expenses, and other damages incurred before death.

Insurance Benefits

When the at-fault driver cannot be identified or does not have sufficient insurance, compensation may also be available through applicable uninsured motorist (UM) or supplementary uninsured/underinsured motorist (SUM) coverage, depending on the insurance policies involved.

What New York Laws Affect Hit-and-Run Wrongful Death Claims?

Several New York laws may affect your family's ability to pursue compensation after a fatal hit-and-run crash. Understanding these laws can help you protect your rights and avoid missing important deadlines.

Wrongful Death Statute of Limitations

Bajo Estates, Powers and Trusts Law (EPTL) § 5-4.1, the personal representative of the deceased person's estate generally has two years from the date of death to file a wrongful death lawsuit.

This deadline is shorter than the three-year statute of limitations that generally applies to most New York personal injury claims under CPLR § 214(5). Because families often assume the longer deadline applies, delaying legal action could permanently bar their right to recover compensation.

Leaving the Scene of a Fatal Accident

New York requires drivers involved in accidents resulting in injury or death to remain at the scene, provide identifying information, and render reasonable assistance. A driver who leaves the scene of a fatal crash may face criminal penalties under Vehicle and Traffic Law (VTL) § 600.

However, any criminal prosecution is separate from the family's civil wrongful death claim. Regardless of whether criminal charges are filed or a conviction is obtained, the estate may still pursue compensation through a civil lawsuit or applicable insurance claims.

Comparative Negligence

New York follows a pure comparative negligence rule under CPLR § 1411. If the deceased was partially responsible for the accident, it may reduce the amount of recoverable damages but does not necessarily prevent the estate from pursuing a wrongful death claim.

Because hit-and-run wrongful death cases often involve insurance coverage, criminal investigations, and civil litigation, consulting an experienced attorney can help ensure your family's rights are fully protected.

What Should Families Do After a Fatal Hit-and-Run Crash?

The days following a fatal hit-and-run collision are overwhelming, but taking certain steps early can help protect your family's legal rights.

1. Cooperate with law enforcement: Provide investigators with any information that may help identify the fleeing driver.
2. Preserve available evidence: Save photographs, surveillance footage, witness information, vehicle damage documentation, and other evidence related to the crash.
3. Obtain the police report: The official accident report often contains important information about the investigation and the circumstances of the collision.
4. Notify applicable insurance companies: Promptly reporting the accident may be necessary to preserve uninsured motorist or other insurance benefits.
5. Contact a wrongful death attorney: An attorney can investigate the crash, preserve critical evidence, communicate with insurance companies, and identify every available source of compensation.

Contact Our Brooklyn Hit-and-Run Wrongful Death Attorney for a Free Consultation

No family should have to face the financial and emotional consequences of a fatal hit-and-run crash alone. If your loved one was killed in a hit-and-run accident in Brooklyn, contact Davidoff Law today at (718) 268-8800 for a free consultation. 

Our experienced Brooklyn hit-and-run wrongful death attorneys can investigate the collision, pursue every available source of compensation, and fight for the justice your family deserves.