Being involved in a car accident can be a distressing experience, and the immediate instinct of some drivers may be to flee the scene, especially if they are afraid of facing legal consequences. However, leaving the scene of an accident, especially if someone has been injured or killed, is a serious offense that can result in severe penalties. In the state of New Jersey, hit-and-run accidents are treated with utmost seriousness, and individuals who flee the scene of an accident can face both criminal and civil consequences.
Legal Obligations After a Car Accident
Under New Jersey law, drivers involved in a car accident have certain legal obligations, regardless of who was at fault. These obligations include stopping at the scene of the accident, providing assistance to anyone who is injured, exchanging contact and insurance information with the other parties involved, and reporting the accident to the police.
Failure to fulfill these legal obligations can result in criminal charges, even if the accident was relatively minor. However, the consequences become much more severe if someone is injured or killed in the accident and the driver leaves the scene.
Hit-and-Run Laws in New Jersey
In New Jersey, hit-and-run is a criminal offense that is punishable by law. The severity of the charges depends on the circumstances of the accident and whether anyone was injured or killed.
If the accident only resulted in property damage, leaving the scene of the accident is considered a disorderly persons offense, which can result in fines, community service, and possible jail time.
However, if someone was injured or killed in the accident, leaving the scene becomes a much more serious offense. In cases where someone suffered injuries, the driver can be charged with a third-degree crime, which carries penalties including fines, a driver’s license suspension, and up to five years in prison.
If the accident resulted in death, leaving the scene is considered a second-degree crime, which is punishable by much harsher criminal penalties, including fines, a driver’s license revocation, and up to ten years in prison.
Civil Consequences of Hit-and-Run Accidents
In addition to criminal charges, individuals who flee the scene of an accident can also face civil liability for any injuries or damages caused. Victims of hit-and-run accidents may pursue compensation through a personal injury lawsuit against the at-fault driver to cover medical expenses, lost wages, pain and suffering, and other damages.
If the driver is apprehended and found guilty of hit-and-run, they may be ordered to pay restitution to the victims to compensate them for their losses. Additionally, insurance companies may deny coverage for hit-and-run accidents, leaving the driver personally responsible for any damages.
Legal Defenses for Hit-and-Run Charges
If you have been charged with hit-and-run in New Jersey, it’s crucial to seek legal representation from an experienced criminal defense attorney who can help you navigate the legal process and build a strong defense.
Some potential defenses against hit-and-run charges may include:
Lack of knowledge
If you were unaware that you were involved in an accident, you may not be held criminally liable for leaving the scene.
Duress or necessity
If you left the scene of the accident due to a legitimate fear for your safety or the safety of others, you may have a valid defense.
Mistaken identity
If there is insufficient evidence to prove that you were the driver who fled the scene, you may be able to challenge the charges against you.
Leaving the scene of an accident in New Jersey, especially if someone has been injured or killed, is a serious offense that can result in criminal charges, civil liability, and severe penalties. If you are involved in a car accident, it’s essential to fulfill your legal obligations and remain at the scene to provide assistance and exchange information with the other parties involved. If you are facing hit-and-run charges, it’s crucial to seek legal representation from an experienced attorney who can help you navigate the legal process and defend your rights.