Leaving the Scene of a Motor Vehicle Accident

Leaving the scene of a motor vehicle accident is a serious criminal offense in New Jersey and can lead to severe legal consequences for drivers involved. If you are involved in a car accident, whether it results in property damage or personal injury, New Jersey law requires you to remain at the scene and fulfill certain duties.

Failing to do so, commonly known as a hit and run accident, can result in significant penalties, including criminal charges, fines, and even imprisonment. Here, we’ll outline what constitutes leaving the scene of an accident, the potential penalties, and how an experienced criminal defense attorney like Shugar Law Office can help protect your rights.

What Constitutes Leaving the Scene of an Accident?

Under New Jersey law, leaving the scene of an accident occurs when a driver involved in a motor vehicle accident fails to stop and provide necessary information or assistance. This applies to any accident involving property damage, personal injury, or a parked car. Drivers involved in an auto accident are legally required to provide their name, driver’s license, and insurance information to the other party or to the nearest police station if no other person is present. Even in cases of accidents resulting in only property damage, the law mandates the exchange of this information.

Failure to comply with these duties constitutes a hit and run and can lead to serious legal consequences.

Duties Under the Law

New Jersey law imposes several duties on drivers involved in a motor vehicle accident:

1. Exchange Information: All drivers must exchange license and insurance information with the other person involved in the accident.
2. Provide Reasonable Assistance: If someone has suffered serious physical injury, the law requires drivers to provide reasonable assistance, which may include arranging for medical care.
3. Report to Authorities: In accidents involving personal injury or significant property damage, drivers must report the incident to the nearest police station and file a police report.
4. Remain at the Scene: Drivers must stay at the scene of the accident until police officers arrive, unless their safety is at risk.

Failing to meet these legal duties can result in criminal charges and civil liability.

Penalties for Hit and Run Accidents

The penalties for leaving the scene of an accident in New Jersey vary depending on the severity of the incident. If the accident resulted in serious physical injury or death, the penalties are much harsher. For accidents resulting in only property damage, the offense is considered a traffic infraction punishable by fines, points on your driving record, and potential driver’s license suspension. However, if an accident involves personal injury, criminal penalties increase significantly, potentially including a third-degree indictable offense charge.

• First Offense: A first offense involving property damage may result in fines, a traffic ticket, and a license suspension. For accidents resulting in personal injury, the penalties can include jail time, higher fines, and a longer driver’s license suspension.
• Felony Punishable by Prison: If the hit and run accident results in serious injury or death, the driver may face a felony charge punishable by a prison sentence and hefty fines.

Defenses and Resolving the Case

If you’ve been charged with leaving the scene of a motor vehicle accident, it’s critical to work with a criminal defense lawyer to build a strong defense. Common defenses may include proving that the driver was unaware of the accident or that they left the scene for safety reasons, such as fearing for their own safety. An experienced lawyer will review the specifics of your case, challenge any evidence against you, and work to resolve the matter favorably, whether through a dismissal of charges or a plea agreement.

Resolving a hit and run case often involves demonstrating that the driver acted in good faith or under extenuating circumstances. Additionally, settling with the other party and their insurance company can help minimize civil penalties.

Consequences of a Conviction

A conviction for leaving the scene of an accident can have long-lasting consequences. Aside from the immediate criminal penalties such as fines, jail time, and license suspension, drivers may face other repercussions:

• Criminal Record: A conviction will leave a mark on your criminal record, which can impact future employment and other opportunities.
• Insurance Premiums: A hit and run accident can cause your insurance premiums to skyrocket, or even result in your insurance company dropping your coverage.
• Civil Liability: If the accident involved personal injury or property damage, you may be held liable for medical bills, repairs, and other costs through civil lawsuits.
• Driver’s License Suspension: Depending on the severity of the incident, your operator’s license could be suspended for an extended period.
• Prison Sentence: In severe cases, a felony conviction may lead to a lengthy prison sentence.

Seeking Legal Guidance From Shugar Law Office

If you are facing charges related to leaving the scene of a motor vehicle accident, it’s essential to seek legal guidance immediately. Shugar Law Office specializes in defending individuals charged with traffic violations and criminal offenses, including hit and run accidents. Our team of experienced criminal defense attorneys will fight to protect your rights, minimize the penalties, and work towards the best possible outcome for your case.

We offer a free consultation to discuss your situation and explore your legal options. Don’t let a hit and run charge derail your future—contact Shugar Law Office today.

Our Other Legal Services

In addition to defending clients charged with leaving the scene of an accident, Shugar Law Office provides legal representation for a variety of criminal and traffic-related matters, including:

• Driving with a Suspended License: If you’ve been charged with operating a motor vehicle on a suspended license, we can help you fight the charges and avoid severe penalties.
• DUI/DWI Defense: Our criminal defense lawyers have extensive experience handling DUI/DWI cases, and we work to protect your driving record and freedom.
• Traffic Violations: From speeding tickets to reckless driving, we defend clients against all types of traffic violations.
• Criminal Defense: Whether you’re facing charges for theft, assault, or other criminal offenses, our team will provide the aggressive defense you need.

Contact us today for a free consultation and learn how we can help resolve your legal issues.