What Happens If You Hit Someone and Drive Off in New Jersey?

Being involved in a car accident can be highly stressful, and the impulse to flee the scene, particularly in a moment of panic, can be overwhelming. However, in New Jersey, the legal ramifications of leaving the scene of an accident, especially when injuries or fatalities are involved, are severe. This blog post provides a detailed look at New Jersey’s legal framework for handling hit-and-run accidents, discussing the potential penalties and the critical steps you should take if you find yourself involved in such an incident.

Understanding New Jersey’s Hit-and-Run Laws

Legal Obligations After an Accident

According to N.J.S.A. 39:4-129, all drivers involved in an accident resulting in injury, death, or property damage are required by New Jersey law to stop at the scene. They must provide reasonable assistance to the injured, exchange personal and insurance information, and immediately report the incident to local law enforcement. Failing to fulfill these requirements constitutes what is legally known as a “hit and run.”

Classification of Offenses

The severity of the offense and the corresponding penalties depend on the outcomes of the accident:

• Property Damage Only: Generally treated as a traffic violation; however, drivers are still required to stop and report the incident.
• Injuries Involved: The offense escalates to a criminal charge, which can range from a misdemeanor to a felony, depending on the severity of the injuries.
• Fatalities: Likely results in felony charges due to the grave nature of the consequences.

Penalties for Leaving the Accident Scene

Severity-Based Penalties

The penalties for leaving the scene are categorized based on the nature of the accident:

• Property Damage: If the accident involves only property damage, the penalties result in a fine of $200 to $400 for a first offense and $400 to $600 for subsequent offenses. There is potential for imprisonment for up to 30 days for a first offense and up to 90 days for subsequent offenses. The driver’s license suspension for a first offense may last up to six months, increasing to a one-year suspension for subsequent offenses.
• Injury: If the accident results in injury to another person, the penalties are more severe, with fines ranging from $2,500 to $5,000, possible imprisonment of up to 180 days, and a minimum one year driver’s license suspension.
• Fatalities: Accidents resulting in death can lead to fines ranging from $5,000 to $10,000, up to five years imprisonment, and potential permanent license revocation.

Factors Influencing Penalties

Penalties can be further influenced by factors such as prior offenses, aggravating circumstances, and the specific details of the accident and the defendant’s actions. Additionally, administrative penalties from the New Jersey Motor Vehicle Commission may apply alongside criminal court penalties.

Long-Term Consequences of a Hit-and-Run Conviction

• Criminal Record Impact: A hit-and-run conviction will appear on your criminal record, which can negatively impact employment opportunities, especially in industries requiring clean driving records or stringent background checks.
• Increased Insurance Premiums: Being convicted of leaving the scene typically results in significantly higher car insurance premiums. In some cases, insurance companies may even choose to terminate coverage.
• Loss of Driving Privileges: A conviction often involves a suspension or revocation of your driver’s license. This can affect your ability to commute and reduce your independence, complicating daily responsibilities such as work, school, or family commitments.
• Community Standing and Personal Relationships: A hit-and-run conviction can tarnish your reputation, leading to social ostracism and professional setbacks.
• Financial Strain: The combination of fines, legal fees, and increased insurance costs contribute to substantial financial strain. If restitution is ordered, you may also be responsible for compensating the victim for their losses, adding to the financial burden.

What You Should Do Next

Steps to Take Immediately

If you have left the scene of an accident:

• Seek Legal Representation: It is critical to contact a criminal defense attorney experienced in New Jersey traffic laws immediately. The right attorney can significantly influence the severity of the penalties.
• Gather Information: If possible, compile any evidence related to the accident, such as time, location, and potential witnesses. This information will be invaluable to your legal team.

Contact The Law Offices of Michele Finizio For a Free Consultation About Your Criminal Defense

Leaving the scene of an accident in New Jersey is a serious offense with grave potential consequences. Understanding your legal obligations and the implications of failing to meet them is critical. Should you find yourself in this difficult situation, it’s imperative to seek skilled legal representation immediately. The Law Offices of Michele Finizio are here to support and defend your rights, ensuring the best possible outcome. Contact us for a consultation to explore your legal options and plan your defense strategy.