Being involved in a car accident is a stressful and sometimes traumatic experience. But when a driver flees the scene without stopping, the situation becomes far more serious—both legally and emotionally. In New Jersey, hit-and-run incidents are taken very seriously, and the consequences for fleeing the scene can be severe. Whether you’re a victim or someone facing charges, it’s important to understand how New Jersey handles hit-and-run cases.
What Is Considered a Hit-and-Run in New Jersey?
Under New Jersey law (N.J.S.A. 39:4-129), all drivers involved in an accident—whether with another vehicle, pedestrian, or property—are legally required to stop and remain at the scene. The law mandates that the driver must:
- Stop immediately at or near the scene
- Exchange information with the other party (name, address, driver’s license, and insurance)
- Offer reasonable assistance to any injured parties
- Report the accident to the police if required
When a driver fails to meet these obligations and leaves the scene, it is legally classified as a hit-and-run, also known as leaving the scene of an accident.
Criminal vs. Traffic Offenses
Property Damage Only
If a driver leaves the scene of an accident that caused only vehicle or property damage, it is considered a traffic offense, not a criminal act. However, the penalties can still be serious, including:
- A fine of $200 to $400
- Possible jail time of up to 30 days
- Two points on the driver’s license
- Possible license suspension
Injury or Death
Leaving the scene of an accident involving bodily injury or death is treated as a criminal offense, specifically a third-degree or second-degree crime depending on the circumstances. Penalties may include:
- Fines up to $15,000
- Prison time of 3 to 5 years
- Mandatory license suspension for one year or more
The law is especially strict in cases involving fatalities, and prosecutors may also file additional charges such as assault by auto or vehicular homicide depending on the case.
Investigating Hit-and-Run Cases
Law enforcement in New Jersey takes hit-and-run cases seriously. Investigators will examine:
- Surveillance camera footage
- Eyewitness statements
- Vehicle damage and debris left at the scene
- License plate readers and traffic cams
If a suspect is identified, they may be arrested and charged. Even if the driver was unaware of the severity of the crash, leaving the scene is still a punishable offense.
Civil Consequences
In addition to criminal or traffic penalties, a hit-and-run driver may face civil liability. Victims can file a personal injury lawsuit or a claim for property damage. If the at-fault driver is identified, they may be held financially responsible for medical expenses, vehicle repairs, lost wages, and pain and suffering.
In cases where the hit-and-run driver cannot be located, victims may need to rely on their uninsured motorist coverage, if available through their own auto insurance policy.
What to Do If You’re Involved in a Hit-and-Run
- If you’re the victim: Call 911 immediately, get medical attention if needed, and try to gather as much information as possible (license plate, vehicle description, location, witness statements).
- If you left the scene: Contact a criminal defense attorney right away. Voluntarily coming forward with legal counsel may help reduce the severity of the consequences and allow you to address the situation proactively.
Final Thoughts
New Jersey takes hit-and-run offenses seriously, especially when injury or death occurs. Even seemingly minor accidents can lead to significant penalties if a driver leaves the scene. If you’re facing charges or have been a victim, consulting with an experienced New Jersey attorney is crucial. The legal system can be complex, but the right representation can help you protect your rights and work toward the best possible outcome.