Leaving the scene of a fatal accident is a grave offense under New Jersey law. When a motor vehicle operator fails to stop and provide aid or information following an accident resulting in death, they may face criminal charges, including aggravated manslaughter.
The team at Shugar Law Office is here to help. If you’ve been involved in a hit and run accident, it’s essential to understand your legal responsibilities and the serious consequences that can result from leaving the scene of an accident.
Contact us today for a free consultation or continue reading below.
Duties of a Driver Involved in a Car Accident
Under New Jersey law, every driver involved in a motor vehicle accident must fulfill certain legal obligations. These duties include:
- Immediately stopping at the accident scene.
- Exchanging insurance identification information and driver’s license details with the other party or any police officer at the scene.
- Reporting the accident to the nearest police station or local police department if there is personal injury, property damage, or the involvement of an injured person.
Failure to comply with these legal requirements may result in severe penalties, including criminal charges for leaving the scene of an accident.
Penalties for Leaving the Scene of an Accident
The penalties for leaving the scene of a fatal accident are severe and escalate based on the outcome of the car accident. Under New Jersey traffic law, a third-degree indictable offense for leaving the scene of a fatal accident can lead to:
- Up to 5 years in prison.
- Fines of up to $15,000.
- Suspension or revocation of your driver’s license.
For accidents involving serious physical injury or death, the penalties may increase, including potential charges of aggravated manslaughter. Even if it is your first offense, the court could impose significant penalties. Additionally, a subsequent offense or repeat offenses could result in harsher sentences.
Defenses to Leaving the Scene of an Accident
Facing a charge of leaving the scene doesn’t mean your case is hopeless. An experienced criminal defense attorney can explore several defense strategies, including:
- You were unaware that the accident occurred.
- You were not the operator of the motor vehicle at the time of the incident.
- You stopped elsewhere to seek medical or surgical treatment.
- Miscommunication with law enforcement agencies led to the charges, despite having complied with the law.
Each defense will depend on the facts of your case, and a skilled defense attorney will investigate all evidence to provide the best possible outcome for you.
Consequences of Leaving the Scene of an Accident
Leaving the scene of a hit and run accident can have life-altering consequences, both legally and personally. In addition to criminal penalties, you may also face:
- Increased insurance premiums or denial of coverage by your insurance carrier.
- Civil lawsuits related to personal injury or property damage.
- A permanent criminal record, which can impact future employment and housing opportunities.
Moreover, failing to follow the legal requirements of exchanging insurance identification information and notifying law enforcement may result in civil penalties and fines.
Investigation and Evidence Collection
In cases of leaving the scene, law enforcement officers will thoroughly investigate the accident. Key components of the investigation include:
- Accident reports filed by the local police department.
- Testimonies from witnesses and other persons involved in the accident.
- Surveillance footage from the accident scene.
- Physical evidence like damage to the vehicle involved.
The goal of the investigation is to determine whether the driver of the motor vehicle knowingly left the scene without fulfilling their legal duties. Strong evidence can either support or challenge the charges against you, depending on how your defense attorney utilizes it.
Resolving the Case via a Settlement or Plea
For some drivers facing charges of leaving the scene, the case may be resolved through a settlement or plea agreement. A plea deal could reduce the charges from a criminal offense to a lesser traffic violation, which may lessen penalties like jail time or fines. Additionally, your defense attorney may negotiate a plea that involves restitution to the injured person or property owner, helping you avoid a lengthy trial and higher penalties.
Each case is unique, and an experienced attorney, like those at Shugar Law Office, can evaluate whether a plea agreement is in your best interest.
Contact Shugar Law Office Today!
If you have been charged with leaving the scene of a fatal accident, it is crucial to contact a criminal defense attorney as soon as possible. At Shugar Law Office, we provide a free consultation to review your case and discuss the best path forward. Our attorneys are well-versed in New Jersey traffic law and criminal law, and have successfully defended numerous clients facing charges for motor vehicle accidents.
Our Other Legal Services:
- Traffic Ticket Lawyer
- Driving Without Insurance Defense
- Criminal Defense Attorney
- DWI Defense
- Drug Attorney
Don’t wait until it’s too late—contact Shugar Law Office today to protect your rights and get the defense you deserve.
