What happens during a DWI traffic stop in New York?

A New York DWI arrest often begins with a traffic stop. Police officers look for signs of impairment such as erratic driving, slurred speech, or the smell of alcohol. If they suspect intoxication, they may ask you to perform field sobriety tests.

What are field sobriety tests in a New York DWI case?

Field sobriety tests are physical and cognitive exercises, such as walking a straight line, balancing on one leg, or following a moving object with your eyes. These tests help officers decide whether there is probable cause to arrest for DWI.

What is the DWI arrest process in New York?

If probable cause exists, police will arrest you, read your Miranda rights, and transport you to a station. There, you will be required to submit to chemical testing to determine your blood alcohol concentration (BAC).

What chemical tests are used in a New York DWI arrest?

The most common test is a breathalyzer, but blood or urine tests may also be used. New York’s implied consent law requires drivers to submit to testing. Refusal leads to an automatic license suspension, often for 12 months, and may be used as evidence in court.

What happens after a DWI arrest in New York?

You will be booked, photographed, and fingerprinted. Depending on the circumstances, you may be released on your own recognizance, with bail, or held longer if you are a repeat offender or caused an accident.

Will my license be suspended after a DWI arrest in New York?

Yes. The DMV can suspend your license immediately if you fail or refuse a chemical test. You only have a short window, usually 10 days, to request an administrative hearing to challenge the suspension.

What penalties can I face for a DWI in New York?

Penalties include license suspension (at least 90 days for a first offense), fines from $500 to over $1,000, possible jail time, and mandatory programs such as a Victim Impact Panel or DWI school. Harsher penalties apply for higher BAC levels, repeat offenses, driving with a child in the car, or causing injuries.

How can a New York DWI lawyer help me?

An experienced attorney can challenge the legality of the traffic stop, question the reliability of sobriety or chemical tests, negotiate for reduced charges, and guide you through both DMV hearings and criminal court proceedings.

Hit and Run Pedestrian Accidents in New York: What Are Your Options?

When a car hits you and speeds away, it is more than just illegal; it is traumatic. You are left injured, confused, and uncertain who will pay for your medical care, lost wages, and long-term recovery. If this happened to you in New York, you are not alone. A hit and run pedestrian accident can leave you reeling, but there are legal options that may help you find both accountability and compensation.

At Greenspan & Greenspan Injury Lawyers, we have represented injured pedestrians across New York for decades. Whether the driver is located or remains unidentified, we help victims pursue every available legal remedy. You may have more options than you realize.

Here is what you need to know.

Contents hide

1 What Is Considered a Hit and Run Pedestrian Accident in New York?

2 What Should You Do After a Hit and Run as a Pedestrian?

3 Can You Still Recover Compensation If the Driver Is Never Found?

3.1 1. Uninsured Motorist (UM) Coverage

3.2 2. MVAIC (Motor Vehicle Accident Indemnification Corporation)

4 Can You Still File a Lawsuit if the Driver Is Found Later?

5 How Long Do You Have to File a Claim in New York?

6 Can You Still Seek Compensation if You Were Partially at Fault?

7 Do Not Give Up, Legal Remedies May Still Be Available

8 Call Greenspan & Greenspan Injury Lawyers for Help After a Hit and Run Pedestrian Accident

What Is Considered a Hit and Run Pedestrian Accident in New York?

A hit and run occurs when a driver strikes a pedestrian and leaves the scene without stopping to provide aid, exchange information, or wait for law enforcement. Under New York traffic laws, this is a criminal offense.

If the pedestrian was injured, the driver is legally required to:

Remain at the scene;
Call 911 or ensure emergency help is on the way; and
Provide their name, contact information, and insurance details.

Failing to do so is not just unethical; it can lead to criminal charges and civil liability if the driver is located.

What Should You Do After a Hit and Run as a Pedestrian?

Even if the driver disappears, your actions in the minutes and days that follow can protect your health and preserve your case. If you are physically able:

Call 911. Ensure emergency medical responders and police are notified. That creates an official record.
Gather evidence. Try to recall any details about the vehicle, such as make, model, color, damage, or license plate numbers.
Look for witnesses. Ask nearby pedestrians or business owners what they saw and if they have surveillance footage.
Seek medical care. Even if you feel fine, internal injuries can be serious and take time to appear.
Contact a lawyer. Speak with a pedestrian accident attorney as soon as possible. They can help begin an investigation, notify your insurance, and advise you on next steps.

You should also report the incident to the police and your insurance company promptly. Delays could affect your right to pursue a pedestrian hit and run claim.

Can You Still Recover Compensation If the Driver Is Never Found?

Yes. One of the most common misconceptions about pedestrian hit and runs is that there is no financial recourse unless the driver is identified. In reality, New York has systems in place to help victims seek recovery even when the at-fault party remains unknown.

1. Uninsured Motorist (UM) Coverage

If you have auto insurance, even if you were walking at the time of the crash, you may be covered under your uninsured motorist policy. This coverage can apply when:

The at-fault driver has no insurance, or
The driver flees the scene and cannot be located.

In these cases, your own UM coverage may step in to pay for:

Medical expenses,
Lost wages,
Pain and suffering, and
Long-term rehabilitation costs.

If you live with a relative who has car insurance, you may also be covered under their policy.

2. MVAIC (Motor Vehicle Accident Indemnification Corporation)

For New Yorkers without auto insurance, the MVAIC may be an option. This state-run agency provides coverage for pedestrians injured by uninsured or hit-and-run drivers.

To qualify, you must:

Report the accident to the police within 24 hours,
File a claim with MVAIC within 90 days, and
Show that you had no other available coverage.

While MVAIC payouts are limited compared to traditional insurance policies, they can still help offset the financial burden after a serious crash.

Can You Still File a Lawsuit if the Driver Is Found Later?

Yes. If police or a private investigator identifies the hit and run driver, you may be able to file a personal injury lawsuit against them. A lawsuit can open the door to greater compensation, especially if the driver has assets or additional liability coverage.

Depending on the circumstances, your case may seek damages for:

Emergency room bills and ongoing medical treatment,
Lost wages and reduced earning capacity,
Pain and suffering,
Emotional distress, and
Permanent disability or disfigurement.

At Greenspan & Greenspan, we work to pursue all legal avenues to locate drivers, secure witness testimony, and obtain available surveillance or traffic footage.

How Long Do You Have to File a Claim in New York?

In most cases, New York law gives you three years from the date of the accident to file a personal injury lawsuit. However, certain hit and run claims, especially those involving MVAIC, have much shorter deadlines, such as:

24 hours to file a police report,
30 days to apply for No-Fault benefits, and
90 days to file a notice of claim with MVAIC.

Do not wait to speak with a lawyer. Delays can result in the loss of critical evidence and missed legal deadlines.

Can You Still Seek Compensation if You Were Partially at Fault?

Yes. New York follows a pure comparative fault rule. That means that even if you were partially responsible for the accident, such as crossing outside of a crosswalk, you may still recover compensation.

Your total award may be reduced by your percentage of fault, but you are not barred from recovery unless you were 100% responsible. This legal framework applies even in a pedestrian hit by an uninsured driver case.

Do Not Give Up, Legal Remedies May Still Be Available

We understand how discouraging it can feel to be injured and left behind, especially when the responsible party disappears. But you are not powerless. You may have more options than you realize, and our team is here to help you uncover them.

Call Greenspan & Greenspan Injury Lawyers for Help After a Hit and Run Pedestrian Accident

For over 65 years, Greenspan & Greenspan Injury Lawyers has stood up for injured New Yorkers—including those facing the uphill battle of recovering after a hit and run pedestrian accident. We know how to deal with insurance companies, how to apply for MVAIC benefits, and how to push for justice when the driver is found.

Let us help you explore every possible avenue for compensation. Your consultation is always free, and you pay nothing unless we recover compensation on your behalf.

Call today to speak with a New York pedestrian accident lawyer who will fight for your rights and your recovery.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.