Free 24/7 Consultation: No Fee Unless We Win

914-559-5834
White Plains
845-413-2512
New City
914-228-9421
Yonkers
929-493-4667
The Bronx
Site Logo
Call Us (914) 946-2500
  • Home
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Truck Accidents
      • Motorcycle Accidents
      • Rideshare/Uber/Lyft Accidents
      • Bicycle Accidents
      • Pedestrian Accidents
      • Bus Accidents
      • Construction Accidents
      • Dog Bite
      • Wrongful Death
    • Criminal/Traffic Defense
      • Traffic Ticket Defense
      • Speeding Tickets
      • Reckless Driving
      • DWI Defense
  • About
    • Attorneys
      • Michael E. Greenspan
      • Michael R. DeAngelo
      • Allegra P. Beals
    • Co-Counsel Opportunities
    • Areas We Serve
      • White Plains
      • Rockland County
      • Yonkers
      • Bronx
      • Eastchester
      • Mamaroneck
      • Mount Vernon
      • New Rochelle
      • Peekskill
      • Port Chester
    • Case Results
    • Reviews
    • In The Community
    • Podcast
  • Resources
    • Legal Blog
    • Guides
      • New York No Fault Benefits
      • Most Dangerous Intersections
      • Buying Car Insurance
      • Car Seat Inspections
    • Local Resources
      • White Plains
      • Yonkers
      • Bronx
    • FAQs
    • Court Information
  • Contact
  • English
  • Español
×

The Fatal Car Accident Hearing In New York- Part I

Home Blog

Car accidents can all too often result in the death of a pedestrian or fellow motorist. Tragically, this nightmare scenario occurred an astounding 1109 times in New York in 2013 resulting in the deaths of 1188 people according to statistics released by the New York State Dept. of Motor Vehicles. The victims of these fatal car accidents were as follows: Drivers 625, Passengers 178, Pedestrians 344, Bicyclists 40. These figures are chilling. Many of these fatalities occurred between midnight and 6am on weekend days. Oftentimes drugs or alcohol are found to be the culprit, while distracted driving due to texting or cell phone usage are also significant contributors to these incidents. Regardless of the cause, however, a driver must be aware that there are three signifcant legal consequences that flow from a fatal accident in New York.  We discuss these consequences below. Criminal Investigation All fatal accidents are investigated by the law enforcement agency having jurisdiction over the roadway where the collision occurred.  These investigations, whether conducted by the New York State Police, or by County or local police departments are thorough and detailed investigations. The driver of the motor vehicle faces possible homicide and related criminal charges if there is probable cause to believe that he or she operated the vehicle while impaired by drugs or alcohol or violated another specific criminal statute. A criminal prosecution arising out of a fatral accident may result in the driver being sentenced to significant time in jail. The Wrongful Death Suit A lawsuit seeking damages for wrongful death may brought by the authorized representative of the Estate of the deceased against the driver in state Supreme Court.  The lawsuit can also include a claim for the victim’s pre-impact terror as well as for conscious pain and suffering depending upon the circumstances. The driver will likely have to testify under oath at an examination before trial (EBT) – also known as a deposition about the facts and circumstances of the fatal accident as part of the pretrial phase of the civil lawsuit. The representative of the Estate may seek damages over and above the limits of any liability insurance policy that would provide coverage for the car accident. The driver’s home and other personal assets could be at risk. The third legal consequence faced by the driver is the requirement to appear for a fatal accident hearing before an Administrative law Judge of the Department of Motor Vehicles. Whether or not charges are filed or a wrongful death suit can succeed does not alter the fact that the driver is burdened with the horrible reality and tremendous sorrow that they have caused the death of a fellow human being.  Preparation for the hearing is crucial. The motorist facing such a hearing is urged to consult with a criminal defense attorney who practices in the county where the fatal accident hearing will take place.

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.

Related Posts

Default Image Leandra’s Law: One Year Later
Default Image Leandra’s Law Targets Drugged Drivers As Well As Drunk Drivers
Default Image New York May Not Be Tough Enough On DWIs
Default Image Post-Accident Protocol Tips
Default Image Repeat DWI Offenders Now Face Permanent License Revocation
Default Image Report: DOT Agencies Withdraw Proposed Sleep Apnea Testing Rule

Free In-Depth

No Obligation Case Evaluation

Latest News

Out-of-Pocket Expenses After a Car Accident

June 30, 2025

Out-of-Pocket Expenses After a Car Accident in New York
Nerve Damage Caused by Vehicle Accidents

June 27, 2025

Nerve Damage Caused by Vehicle Accidents
Burn Injuries from Car Fires or Airbags

June 27, 2025

Burn Injuries from Car Fires or Airbags
Amputations from Serious Car and Truck Accidents

June 27, 2025

Amputations from Serious Car and Truck Accidents
Thanks for defending me with my DUI. You made a stressful situation much easier to get through. I really appreciate your professionalism and expertise. I would recommend you to anybody who needs a quality attorney! Thanks man!!
Former C.-White Plains, NY
Young, energetic, and the consummate legal professional. He settled our case with an insurance company that is known for digging it’s heels and fighting for every inch. It met its match when mike took our case. He settled our case in a manner that I was completely satisfied with.
Former C.-White Plains, NY
I was involved in a serious motor vehicle accident and sustained severe injuries. A close friend of mine who dealt with Mr. Greenspan and was very happy with his service referred me to him. Mike was very caring right from the beginning, making sure I’m recovering instead of worrying about my case.
Carmen T.-New City, NY
I was involved in a motor vehicle accident in which I got injured. I contacted Green span and Greenspan and they were very courteous and supportive through out the whole case duration. I am pleased with the service I got and if some one wants the best representation then Greenspan is the one to choose.
Mendel-New City, NY
I truly can’t thank Michael Greenspan and everyone at Greenspan & Greenspan enough for working so diligently to get us the best possible settlement after my car accident. For me, it was always about getting my life back, or at least getting as much of it back as possible.
Former C.-White Plains, NY
View All Success Stories

Your Fight Is Our Fight. Let’s Win It Together.

Schedule Your Free Consultation
Footer Logo

Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this website or communicating with Greenspan & Greenspan Injury Lawyers through this site does not establish an attorney-client relationship.

Main Office

  • 333 Westchester Ave Suite S-3301 White Plains, NY 10604 Get Directions
  • (914) 946-2500
  • Send all mail correspondence to our White Plains office

Other Locations

  • 369 South Main Street, 1st Floor New City, NY 10956 Get Directions
  • (845) 422-8060
  • Philadelphia Area Office PO Box 324 Media, PA 19063 Get Directions
  • (215) 261-7359
  • 2929 Third Ave 4th Floor
Bronx, NY 10455 Get Directions
  • (914) 946-2500
  • 86 Main St 5th Floor,
Yonkers, NY 10701 Get Directions
  • (914) 946-2500
© 2025 Greenspan & Greenspan, P.C. All Rights Reserved. Sitemap Website designed by:

Get ⚡ Instant Answers

Launch Our AI Assistant