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Leaving the scene after a motor vehicle accident is a very serious offense in New Jersey. Also known as a “hit and run”, fleeing the scene of an accident can take many forms, but it is always a traffic violation. Minor car accidents are common and it may be possible for a driver to not realize that he or she has been involved in a collision. Even if you were unaware that you were leaving the scene of an accident, the legal ramifications can be severe if not handled appropriately.
At The Montanari Law Group, our criminal defense and traffic violation attorneys take pride in reaching favorable outcomes for our clients in New Jersey towns including Wayne, Paterson, West Milford, Clifton, Little Falls, Woodland Park, and the greater Passaic County area. We understand that many drivers freeze up in the aftermath of an accident and may have made a mistake which is now leading to serious criminal charges. Lean on our extensive experience and knowledge of the New Jersey Municipal Court system to help reduce or even eliminate your charges and or penalties.
Call our office today to speak with our team of traffic violation lawyers in a free and confidential consultation regarding your hit and run accident and how we can best serve you.
Under New Jersey law, anyone involved in a car accident must stop and remain at the scene until identifying information is exchanged with all parties involved, including law enforcement. If the accident results in injury, death, or over $500 in property damage, a police report must be filed—or the incident must be reported to the New Jersey Motor Vehicle Commission. Failure to comply may result in hit-and-run charges.
Leaving the scene of an accident can lead to serious penalties, including fines ranging from $2,500 to $5,000, driver’s license suspension (lifetime for a second offense), and potential jail time. If the accident caused serious bodily injury—such as permanent disfigurement or life-threatening harm—the offense is elevated to a third-degree crime, punishable by up to five years in prison.
According to N.J.S.A. 39:4-129, drivers must provide their name, address, driver’s license, and vehicle registration to police officers, witnesses, and other involved parties. If anyone is injured, the driver must also offer reasonable assistance, including arranging transport to a hospital if needed.
If you’ve been charged with leaving the scene of an accident or believe you’ve been falsely accused, our Wayne criminal defense attorneys can assess your situation and work to protect your rights.
NJSA 39:4-129(b) states that any driver involved in an accident that results in damage to an unattended vehicle or other property “shall immediately stop his vehicle at the scene of such accident or as close thereto as possible” and must remain at the scene of the accident until providing the owner or operator of the damaged vehicle or the property owner their name and address and showing their driver’s license and vehicle registration.
If an unattended car or vehicle is damaged, they are required to leave a note in a conspicuous place on the car giving his name and address as well as the name and address of the vehicle’s owner. If the damage is to property other than a car, they must notify the nearest police station, in addition to the owner of the property as soon as the owner is identified.
Fleeing the scene of an accident will almost always result in a traffic citation, and may lead to criminal charges as well. The circumstances of the accident including property damage, injuries, or death all play a major role in determining the outcome of your case.
First Time Offender – No Injuries or Deaths
Second Time Offender – No Injuries or Deaths
Accident Resulting in Injury or Death
There are many reasons why people “leave the scene” of accidents without exchanging information as required by law. In some extreme cases, the person may feel that their personal safety is at risk. This may happen if the other driver or on-lookers begin to threaten or otherwise appear that they may become violent. Furthermore, there are rare instances where the driver may not even be aware that they have been involved in an accident due to bad weather or other believable circumstances.
However, the most common reasons are as follows:
It is important to note that no matter what your situation is at the time of an accident, leaving the scene will only make it worse.
The Montanari Law Group, our traffic violation and criminal defense attorneys understand the serious implications of being found guilty of a hit and run accident in New Jersey. In addition to losing one’s license temporarily or even permanently, the risk of potential jail time and fines are a heavy burden to carry alone. Lean on the extensive experience of our legal team, who take pride in serving our local New Jersey communities including the towns of Wayne, Clifton, Paterson, Woodland Park, Little Falls, West Milford and the greater Passaic County area. Our hit and run defense lawyers will need to work with you on a personal level to get all of the facts of your case and use our intimate knowledge of New Jersey motor vehicle and traffic statutes to find the best possible defense for your unique circumstances.
Contact us online or give us a call at our Little Falls, NJ offices at (973) 233-4396 to discuss your leaving the scene of an accident case and how we may best serve your individual needs in a free and confidential consultation.