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Greg Prosmushkin

Leaving Scene of Accident Lawyer Trenton

A Car Accident can be a shocking and confusing experience. You can’t predict how you will respond emotionally or act in the aftermath of an accident. It is quite possible and understandable that you could panic and flee the scene. However, if you leave the scene of an accident, no matter your rationale, you may be exposed to potentially serious consequences.

In New Jersey, leaving the scene of an accident is a Criminal Traffic Violation that carries penalties that include: costly fines, the suspension of your driver’s license, and potentially 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 where there was Damage to Another Vehicle or to Property, then you must:

  • Stop your vehicle as close to the scene of the accident as possible and remain there until fulfilling the following obligations.
  • 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 fail to do so and leave the scene of the accident, then you could face fines, suspension of your license, or even prison time. In New Jersey, if you were the driver in an accident where another person involved in the accident was either injured or died, then you must: If possible, lend reasonable aid to any person injured in the accident. 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.

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 an accident, then you could face fines, suspension of your license, or even prison time.

In New Jersey, if you were the driver in an accident where you struck either an unattended vehicle or personal property, then you must:

  • 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 must prove that you were in fact the driver and that you had knowledge of the accident. Additionally, it is important to note that in New Jersey there is only a one year statute of limitations on this offense.

A lawyer will ensure that the matter 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 an attorney:

  • 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 an attorney:

  • 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.

This content was written on behalf of Greg Prosmushkin.