How an injury changes the charge
In New York, impaired driving that is alleged to have caused serious physical injury can be charged as vehicular assault, a felony that moves through a grand jury and into the county's felony court. Prosecutors generally have to connect the impairment to the injury, not merely show that both were present, and that link is frequently contested. The degree of injury matters as well, because the law treats some injuries as serious and others as not, and early medical reports can change as treatment continues. Other charges, such as reckless driving, may be added depending on the facts. A blood draw is common after an injury crash, and how it was obtained can become a central issue.
Evidence from the crash
Most modern vehicles carry event data recorders that capture speed and braking in the moments before a collision, and that data can be lost once a car is repaired or salvaged. Ask your lawyer to send preservation letters to the tow yard, the insurers, and the police. Photos of the road, signals, lighting, and weather help reconstruct the crash, as do the names of any witnesses. The injured person's medical records usually come through the court process, so do not try to obtain them yourself. Do not contact the injured person or the family about the case, even to apologize, and route any communication through counsel.
Civil and criminal at the same time
An injury crash usually leads to an insurance claim and possibly a civil lawsuit, and what you tell an insurer can reach the prosecutor. Your policy probably requires prompt notice to your carrier, so give it, but keep it factual and coordinate with your criminal lawyer before any recorded statement. In a first consultation we look at the charges, the medical information available, and the evidence about cause. We also discuss release conditions, license status, and any order of protection, and we identify what needs to be preserved this week.
