What Happens If You Hit Someone With Your Car By Accident, And They Die

What happens if you hit someone with your car by accident, and they die? In New York, the consequences may include criminal charges such as vehicular manslaughter, as well as civil exposure through a wrongful death claim, depending on evidence and circumstances. The most important immediate steps are to call 911, remain at the scene, render aid when safe, and cooperate with officers. We know how overwhelming this is. At O’Brien & Ford, we stand beside Buffalo families and drivers in their most challenging moments, offering steady legal guidance, determined advocacy, and the compassion needed to face what comes next.

Who Is At Fault If You Hit A Pedestrian With Your Car By Accident?

Fault in pedestrian accidents is rarely simple. New York law requires drivers to act with reasonable care, but pedestrians must also obey crosswalk signals, walk in designated areas, and avoid reckless crossings. After a fatal collision, investigators look at everything—traffic lights, road conditions, video footage, witness statements, and the conduct of both the driver and pedestrian. Weather, distraction, and impairment are also weighed before any conclusion is reached.

Is the Driver Always at Fault in Pedestrian-Car Accidents?

Not always. Drivers carry a heavier duty because they control a vehicle, but that doesn’t mean fault automatically falls on them. A motorist who is speeding or texting when a crash occurs will almost certainly face liability. On the other hand, when a pedestrian suddenly enters traffic against the light or crosses outside a crosswalk, comparative negligence may apply. In New York, both sides can share fault, and any damages awarded in a civil case are adjusted according to that split.

Immediate Actions to Take If You Accidentally Hit and Kill a Pedestrian

The moments after a tragic pedestrian accident matter greatly, both legally and morally. Here are the steps we recommend to follow immediately:

• Stop and remain at the scene: Leaving can result in serious felony charges and make the situation far worse legally.
• Call 911 immediately: Report the accident, request emergency assistance, and fully cooperate with police and first responders.
• Seek medical attention if needed: Shock can mask physical injuries, so get checked even if you feel fine initially.
• Document the scene when possible: If it is safe, take photos or videos of the surroundings, traffic signals, and any conditions relevant to later investigations.
• Consult an attorney before making detailed statements: Speaking with a lawyer helps protect your rights and prepares you for the complicated steps ahead.

Each of these steps can affect the criminal investigation and any future civil claims, so it’s essential to remain calm and deliberate.

Legal Consequences Of Accidentally Hitting A Pedestrian

When a pedestrian dies in a crash, multiple layers of law apply. Criminal charges can range from traffic violations to vehicular manslaughter in the first or second degree, depending on whether intoxication, recklessness, or other aggravating factors are present under New York Penal Law Article 125. Penalties can include fines, loss of driving privileges, probation, or imprisonment. Importantly, a driver may face criminal prosecution and civil litigation simultaneously, as the two processes are separate under New York law.

On the civil side, the deceased’s estate may pursue compensation through a wrongful death lawsuit. These claims typically seek to recover funeral expenses, medical bills, lost income, and other financial losses caused by the death. According to New York’s wrongful death statute (New York Civil Practice Law and Rules §1411), damages may also be reduced if the victim is found partially at fault.

Can the Family of the Victim Sue You for Wrongful Death?

Yes, but the process is specific. In New York, a wrongful death claim must be filed by the personal representative of the deceased’s estate, not directly by surviving relatives. However, family members may ultimately receive compensation if the lawsuit is successful.

That said, under New York law, wrongful death damages exclude grief. Compensation is limited to pecuniary losses such as lost wages, household services, medical bills, and funeral expenses.

The New York City Bar Association explains that wrongful death actions exist to provide financial support to surviving relatives after a preventable death.

Contact a Personal Injury Attorney After a Pedestrian Accident

A pedestrian fatality brings overwhelming grief and complex legal questions. At O’Brien & Ford, we offer clear direction and strong advocacy, helping families stabilize in uncertain times. Our team is committed to guiding you through every stage of the process. Call 716-222-2222 today to schedule a confidential consultation and take the first step forward.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York