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What Happens When Leaving the Scene of an Accident in NJ?

Dawn Pinnisi

December 17, 2024

Leaving the scene of an accident in NJ is a serious offense with significant legal and financial consequences. Whether you unintentionally left without exchanging information or drove away in fear after a collision, New Jersey law imposes strict penalties for such actions. At Varcadipane & Pinnisi, P.C. we understand the stress and confusion that follows being charged with this offense. Our team is here to help guide you through the legal process and build a strong defense.

What Does the NJ Hit-And-Run Statute Say?

Under New Jersey law (NJSA 39:4-129), drivers involved in an accident must stop immediately and fulfill certain obligations. Specifically, this statute requires drivers to provide their personal information (name, address, vehicle registration) to the other party and, if necessary, offer reasonable assistance to anyone injured, such as contacting emergency services. Failing to meet these requirements constitutes a hit-and-run violation.

This law applies regardless of whether the collision involves another vehicle, a pedestrian, or property damage. Even in minor accidents, leaving the scene without stopping is illegal and can result in penalties, as outlined by New Jersey traffic statutes.

What Are the Penalties for Leaving the Scene of an Accident in NJ?

The penalties for a hit-and-run in New Jersey depend on the accident’s severity and whether it caused injury, death, or property damage.

If the accident caused injury or death, leaving the scene is a fourth-degree crime, punishable by:

  • A fine ranging from $2,500 to $5,000.
  • Up to 180 days in county jail or potential prison time.
  • License suspension for one year (first offense) or permanent revocation for subsequent offenses.

For accidents involving only property damage, leaving the scene is classified as a traffic violation but still carries significant penalties:

  • Fines of up to $400 for a first offense and up to $600 for a second offense.
  • Possible jail time of up to 30 days for repeat violations.
  • License suspension for six months (first offense) or one year (subsequent offenses).

These penalties can escalate if alcohol or reckless driving contributed to the incident. Furthermore, insurance companies often increase premiums after a hit-and-run conviction, adding financial strain beyond the immediate consequences.

What If You Left the Scene Causing Damages?

New Jersey law requires you to take responsibility if you leave the scene of an accident involving property damage. According to NJSA 39:4-129, drivers must stop immediately, provide their name, address, and vehicle registration, and notify the property owner. If the owner is unavailable, you must leave your information in a visible location. Failure to comply can lead to charges of negligence or reckless driving in addition to hit-and-run penalties.

Property damage includes hitting a parked car, damaging public property, or colliding with signs or fences. For instance, leaving the scene of a minor accident in Paramus without reporting it could lead to fines, license suspension, and even a civil lawsuit if the property owner presses charges.

A solid legal defense is essential if you’ve been accused of leaving the scene. A car accident attorney can review the evidence and help fight charges, mainly if the accusation is based on mistaken identity or other mitigating factors.

How Can You Prepare a Defense for a Hit-And-Run Accident?

If you’ve been charged with leaving the scene of an accident in NJ, there are potential defenses that can reduce or dismiss the charges. The key is to work with a skilled attorney who can analyze the circumstances and build a compelling case. Some common defenses include:

  • Lack of knowledge: You genuinely did not realize you were involved in an accident, which can happen in low-speed collisions or with minor property damage.
  • Emergency situations: You left the scene due to an emergency that prevented you from stopping, such as a medical crisis or immediate danger.
  • Mistaken identity: Authorities may have misidentified your vehicle as the one involved in the hit-and-run incident.
  • Improper procedures by law enforcement: If police mishandled evidence or violated your rights during the investigation, your attorney can use this to challenge the case.

At Varcadipane & Pinnisi, P.C. we carefully review all evidence, including police reports, witness statements, and surveillance footage, to craft a tailored defense strategy. Whether negotiating with prosecutors or representing you in court, we are committed to achieving the best possible outcome for your case.

Contact a Hit-And-Run Attorney in Paramus, NJ Today

If you’ve been charged with leaving the scene of an accident in NJ, the team at Varcadipane & Pinnisi, P.C. is here to help. Our experienced attorneys will tirelessly protect your rights and achieve the best possible outcome for your case. Call us today at (201) 588-1500 to schedule a consultation and take the first step toward resolving your legal matter.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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