New Jersey Leaving the Scene of an Accident Lawyer (5 Star Client Reviews)
March 7, 2019
NEW JERSEY LEAVING THE SCENE OF AN ACCIDENT LAWYER
Leaving the scene of an accident is illegal in New Jersey and the consequences for violating the law are very serious. It is important for anyone charged with leaving the scene of an accident or failure to report an accident in New Jersey to consult with an experienced New Jersey Leaving the Scene of an Accident Lawyer.
Free Consultations Available – (908) 358-2938
In New Jersey, those involved in a car accident must stop
their vehicle as close to the scene of the accident as possible. They must
identify themselves to all other parties involved in the accident and the
police. If it was a single-car accident, they must report the accident to the
nearest police station. It is not a
defense that you had no knowledge of the damage caused by the accident. If the accident resulted in injury, death, or
property damage worth $250 or more, it is presumed that you are aware of your
accident.
Penalties to Leaving the Scene of an Accident
The penalties associated with leaving the scene of an
accident includes fines ranging from $200 to $400, up to one month in jail and
a driver’s license suspension of up to six months. For a second or subsequent offense of this
type, the penalties include fines ranging from $400 to $600, one to three
months in jail and a driver’s license suspension up to one year.
Leaving the scene of an accident where serious bodily
injury occurred is an indictable offense.
In New Jersey, it is a third-degree crime. Serious bodily injury is defined as any
injury that results in permanent disfigurement, protracted loss or impairment
of function or movement of any bodily organ or member, or substantial risk of
death. A conviction for leaving the
scene of an accident where serious bodily injury occurred can result in five
years in prison.
New Jersey Leaving the Scene Lawyer – (908) 358-2938
The Sloan Law Firm handles leaving the scene of an accident, failing to report an accident and other traffic infractions occurring in New Jersey. For a free initial consultation, call (908) 358-2938.
Leaving the Scene of an Accident Statute
N.J.S.A. 39:4-129:
Action in case of accident.
(a) The driver of any vehicle, knowingly involved in an
accident resulting in injury or death to any person shall immediately stop the
vehicle at the scene of the accident or as close thereto as possible but shall
then forthwith return to and in every event shall remain at the scene until he
has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without
obstructing traffic more than is necessary.
Any person who shall violate this subsection shall be fined not less
than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or
both. The term of imprisonment required
by this subsection shall be imposed only if the accident resulted in death or
injury to a person other than the driver convicted of violating this section.
In addition, any person convicted under this subsection
shall forfeit his right to operate a motor vehicle over the highways of this
State for a period of one year from the date of his conviction for the first
offense and for a subsequent offense shall thereafter permanently forfeit his
right to operate a motor vehicle over the highways of this State.
(b)The driver of any vehicle knowingly involved in an
accident resulting only in damage to a vehicle, including his own vehicle, or
other property which is attended by any person shall immediately stop his
vehicle at the scene of such accident or as close thereto as possible, but
shall then forthwith return to and in every event shall remain at the scene of
such accident until he has fulfilled the requirements of subsection (c) of this
section. Every such stop shall be made
without obstructing traffic more than is necessary. Any person who shall violate this subsection
shall be fined not less than $200 nor more than $400, or be imprisoned for a
period of not more than 30 days, or both, for the first offense, and for a
subsequent offense, shall be fined not less than $400 nor more than $600, or be
imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall,
for a first offense, forfeit the right to operate a motor vehicle in this State
for a period of six months from the date of conviction, and for a period of one
year from the date of conviction for any subsequent offense.
(c)The driver of any vehicle knowingly involved in an
accident resulting in injury or death to any person or damage to any vehicle or
property shall give his name and address and exhibit his operators license and
registration certificate of his vehicle to the person injured or whose vehicle
or property was damaged and to any police officer or witness of the accident,
and to the driver or occupants of the vehicle collided with and render to a
person injured in the accident reasonable assistance, including the carrying of
that person to a hospital or a physician for medical or surgical treatment, if
it is apparent that the treatment is necessary or is requested by the injured
person.
In the event that none of the persons specified are in
condition to receive the information to which they otherwise would be entitled
under this subsection, and no police officer is present, the driver of any
vehicle involved in such accident after fulfilling all other requirements of
subsections (a) and (b) of this section, insofar as possible on his part to be
performed, shall forthwith report such accident to the nearest office of the
local police department or of the county police of the county or of the State
Police and submit thereto the information specified in this subsection.
(d)The driver of any vehicle which knowingly collides
with or is knowingly involved in an accident with any vehicle or other property
which is unattended resulting in any damage to such vehicle or other property
shall immediately stop and shall then and there locate and notify the operator
or owner of such vehicle or other property of the name and address of the
driver and owner of the vehicle striking the unattended vehicle or other
property or, in the event an unattended vehicle is struck and the driver or
owner thereof cannot be immediately located, shall attach securely in a conspicuous
place in or on such vehicle a written notice giving the name and address of the
driver and owner of the vehicle doing the striking or, in the event other
property is struck and the owner thereof cannot be immediately located, shall
notify the nearest office of the local police department or of the county
police of the county or of the State Police and in addition shall notify the
owner of the property as soon as the owner can be identified and located. Any
person who violates this subsection shall be punished as provided in subsection
(b) of this section.
(e)There shall be a permissive inference that the driver
of any motor vehicle involved in an accident resulting in injury or death to
any person or damage in the amount of $250.00 or more to any vehicle or
property has knowledge that he was involved in such accident.
For purposes of this section, it shall not be a defense
that the operator of the motor vehicle was unaware of the existence or extent
of personal injury or property damage caused by the accident as long as the
operator was aware that he was involved in an accident.
There shall be a permissive inference that the registered
owner of the vehicle which was involved in an accident subject to the
provisions of this section was the person involved in the accident; provided,
however, if that vehicle is owned by a rental car company or is a leased
vehicle, there shall be a permissive inference that the renter or authorized
driver pursuant to a rental car contract or the lessee, and not the owner of
the vehicle, was involved in the accident, and the requirements and penalties imposed
pursuant to this section shall be applicable to that renter or authorized
driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or
destruction, any evidence of a violation of this section or who suppresses the
identity of the violator shall be subject to a fine of not less than $250 or
more than $1,000.
Free Consultations Available – Call (908) 358-2938
The Sloan Law Firm provides aggressive and experienced legal to defense to anyone charged with leaving the scene of an accident in New Jersey. If you or a loved one have been charged with leaving the scene of an accident and would like to discuss the charge with a New Jersey Leaving the Scene of an Accident Lawyer, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938. The initial consultation is always free. We are available 24/7.
Areas served:
- Union County
- Somerset County
- Essex County
- Morris County
- Middlesex County
- Monmouth County
- Hudson County
- Bergen County
- Ocean County
- Hunterdon County
- Passaic County
- Sussex County
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