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Written By Adam H. RosenblumAdam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.
Last updated December 11, 2023Drivers involved in an auto accident are required by New Jersey law to stop and exchange personal and insurance information. In addition, in cases involving injuries, a driver must attempt to render aid to those who need it. However, some drivers are so shocked and scared by the circumstances of the accident that they panic and flee instead.
The penalties for leaving the scene of an accident in NJ can include fines of $200 to as much as $15,000, plus a suspended license and prison sentence of up to 5 years.
Moreover, New Jersey prosecutes leaving the scene of an accident under two distinct statutes: one as a traffic violation and one as a criminal act. A person who flees an accident in which people are injured or killed can be charged with both.
When a person leaves the scene of an accident with no injuries—i.e. there is only property damage—that person is charged with a traffic violation under N.J.S.A. 39:4-129. The penalties are as follows:
The proper response to being involved in a motor vehicle collision is to do the following:
The worst thing a driver can do after an accident (short of not following the requirements of the law outlined in this article) is to admit guilt, either to the other party involved, the police, or even an innocent bystander. As we know from TV “anything you say can and will be used against you in a court of law,” and even a casual statement made at the scene (e.g. “I simply wasn’t paying attention” or “I was distracted looking down at my phone”) can be used as an admission of guilt should the case go to trial. Everyone has the legal right to remain silent and should exercise that right.
Drivers who strike a parked car or other physical property are still obligated to exchange information with the owner of the vehicle or property. If that person is not immediately present and cannot be located, then the driver must leave a note with all the necessary information (name, address, contact information, etc.). The note must be left in a conspicuous place; this could be on the windshield of a parked car or on the front door of a building where property was damaged. As with any accident, if the damage is estimated at $500 or more a police report must be filed as soon as possible.
Some drivers who leave the scene of an accident do so because alcohol was a factor in the crash. By fleeing, these drivers often hope to sober up and avoid a DWI charge and it’s resulting penalties. This is a grave mistake. It assumes that police will not catch the driver until after the driver has sobered up enough that he/she would be considered to be under the legal limit (BAC <0.08%). Even if that happens, police can use other evidence (red eyes, the smell of alcohol on one’s breath, etc.) to charge a person with DWI, and these factors may not diminish before police arrive.
Worse, it can entice officers to file more grievous charges against the driver. Even if the driver manages to luck out and avoid a DWI charge, he/she can still be charged with resisting arrest and evading police. If police are able to prove that the driver who fled was drinking, it can also lead to police bumping up the charge from DWI to assault by auto or vehicular manslaughter. Each of these additional charges carries the potential for multiple years in prison, and the sentences will add up significantly.
How Do Police Figure Out Who Left the Scene of an Accident?Police must first locate a driver who fled an accident before charging him/her with the violation/crime. Officers do that using many different methods and tactics. This includes clues from the accident, such as paint marks on the other car(s), tire marks, and eyewitness testimony. Traffic camera information can also help locate a driver and prove his/her vehicle was involved. Bottom line: The chances of getting away with fleeing an accident are incredibly slim.
What If I Can Hide Evidence of Having Been in an Accident?Occasionally drivers attempt to hide the fact that they have been involved in accidents after fleeing the scene. Such actions may include covering up paint scratches and knocking out dents. In 2010, one driver even went so far as to cover his car in deer meat so as to disguise having struck another person. Such efforts are likely to fail. As mentioned above, police can use videos and pictures from traffic cameras and/or dash cameras to determine where a person has been and whether the vehicle was involved in an accident. The wealth of options available to police should not be underestimated. Moreover, attempting to hide or destroy evidence of an accident is a violation under the traffic law statute. A conviction means an additional $250 to $1,000 fine. Worse, police can file criminal charges of evidence tampering and obstruction of justice.
Civil Liability in Leaving the Scene of an Accident: Should I Plead Guilty?It is rarely a good idea to plead guilty to any traffic violation or criminal offense without a plea bargain or legal defense strategy in place. In the case of traffic accidents, a driver who is found guilty of a traffic violation associated with the accident can be sued in civil court for any injuries resulting from the accident. Thankfully, in New Jersey drivers have the option of pleading guilty to a charge with a civil reservation. Requesting a civil reservation means the conviction cannot be used against the driver in a civil lawsuit associated with the accident in question. Note that it is still advisable to have attorney representation in court as this mechanism is technical in nature.
Is Failing to File a Report the Same Leaving the Scene of an Accident?No. Failing to file a report following an accident is a separate charge (39:4-130) from fleeing the scene of an accident. Drivers in New Jersey are required to file an accident report if the estimated damage is greater than $500 or there are injuries. Those who flee any such accident are sometimes charged with both offenses. A conviction for failing to file an accident report comes with a fine of just $30 to $100 and no points are assessed. For this reason, a skilled attorney will often attempt to get a charge of leaving the scene of an accident reduced to failing to file a report.
What Should I Do If I Have Left the Scene of an Accident?A person who leaves the scene should immediately consult with an attorney before doing anything or speaking with anyone. An experienced attorney will be able to assess the circumstances of the accident to determine the best course of action. An attorney will know how best to act so as to minimize the possible charges leveled against the client. The right attorney will also work tirelessly to ensure that the client avoids the worst possible consequences.
If you or a loved one has fled an accident or been charged with leaving the scene, contact the Rosenblum Law right away. Our skilled traffic ticket and criminal defense attorneys have helped many people in similar situations. Email the Rosenblum Law or Call 888-815-3649 today for a free consultation about your case.
