Leaving Scene of an Accident Lawyer Trenton
A Car Accident can be a shocking and traumatic experience. It’s not always possible to accurately predict how you will act or emotionally respond in the aftermath of an accident. It is quite possible and understandable that you could panic and flee the scene. However, if you do leave the scene of an accident, no matter what your rationale, you may be exposed to serious legal consequences.
Car accidents happen with alarming unpredictability. Even the most capable drivers can find themselves involved in an accident resulting in personal injuries. Whether you were involved in a fender bender or a more severe accident, such as a head-on collision, it is important to know your legal rights and responsibilities as a driver. An individual who is involved in a car accident understands that they have an obligation to stop their vehicle and report the accident to the police. In some cases, however, when the person was at fault for the accident and fears the ramifications, was driving under the influence, or is uninsured, they might flee the scene of the incident.
In New Jersey, leaving the scene of an accident is a criminal traffic violation that carries penalties, including costly fines, the suspension of your driver’s license, and potential prison time. These serious consequences necessitate hiring an aggressive attorney to zealously protect your rights.
Why Were You Ticketed for Leaving the Scene of an Accident?
In New Jersey, leaving the scene of an accident is governed by N.J.S. 39:4-129. In New Jersey, if you were the driver in an accident in which there was Damage to Another Vehicle or to Property, then you have to:
- Stop your vehicle as close to the scene of the accident as possible.
- Provide the other driver, damaged property owner, and/or witnesses with your identifying information; specifically, your name, address, vehicle registration number, driver’s license, and proof of insurance.
If you as the driver cannot meet these responsibilities, then your passengers are obligated to do so. If you fail to do so, and leave the scene of the accident, then you may face fines, a suspension of your license, or even prison time. In New Jersey, if you were a driver in an accident where Another Person Involved in the Accident was Either Injured or Died, then you must: (1) If possible, lend reasonable aid to any person injured in the accident. (2) Arrange for medical assistance, either by taking the injured person to a medical facility yourself or by contacting medical emergency assistance and waiting for them to arrive before departing.
In New Jersey, if you were the driver in an accident in which you struck either an unattended vehicle or personal property, then you are required by law to:
- Attempt to find the owner of the property, and if unsuccessful,
- You must leave a note providing your contact information and,
- Contact the police to file a report.
Failing to do so may result in fines or a Suspension of Your License.
The State Has to Prove Their Case
Even if you have been accused of leaving the scene of an accident, the state needs to prove that you were, in fact, the driver, and that you had knowledge of the accident. Additionally, you should take note that in New Jersey there is only a one year statute of limitations on this offense. A good lawyer will ensure that the case is dismissed if this burden is not met.
Solutions if You Are the Victim of A “Hit and Run”
Leaving the scene of an accident (aka Hit and Run) is a crime. If you are in an accident, and the other driver leaves, then that is a hit and run, and you are likely entitled to relief in the form of:
- Property damage restitution
- Lost wages restitution
- Damages for medical bills
Why do I Need an Attorney?
If you are charged with leaving the scene of an accident, then you will need a lawyer:
- To raise all possible defenses, and question the validity of the charge.
- Help to minimize consequences through negotiation.
If you are the victim of a hit and run, then you will need a lawyer:
- To help you use any techniques available (police, investigator, etc) to locate the offender.
- To help you recover property damages, medical expenses, lost wages, etc from the offender.
- To help you pursue coverage under the Assigned Claims Plan, if applicable.
Whether the offender or victim, you will need an attorney to help you in a leaving the scene of an accident case, so as to achieve the best possible outcome. In either case, the first step to protecting your interests is to Contact Us today for a free consultation.
This content was written on behalf of Greg Prosmushkin.