What Are the Consequences of a Hit and Run in New Jersey?

Reviewed by Carl Spector, Esq.

A hit-and-run occurs when a driver flees the scene of a crash without stopping. This is a criminal offense in New Jersey that can result in fines, jail time, license suspensions, and additional criminal charges, depending on the circumstances of the collision. Drivers involved in a collision are required by law to stop and provide any needed information, like their identification and proof of insurance. To learn more about the penalties of this offense, continue reading and give our skilled Bergen County criminal defense attorney a call today.

What Constitutes a Hit-and-Run in New Jersey?

A hit-and-run, also referred to as fleeing the scene of an accident, occurs when a driver involved in a collision leaves the scene without providing the legally required assistance and information. Under New Jersey law, this obligation applies regardless of who is involved, including bicyclists, pedestrians, parked property, and personal property.

Even in collisions that are seemingly minor, drivers are still legally required to stop at the scene and comply with state reporting and information requirements. Following a collision, those involved may undergo considerable distress, ultimately causing them to flee the scene in a state of panic. However, it is legally required for drivers involved in the collision to remain at the scene.

What Drivers Must Do After an Accident in New Jersey

• Stop their vehicle immediately after the collision in a safe location
• Remain at or near an accident scene
• Provide:
  • • Name
    • Address
    • License information
    • Vehicle registration information
  • Insurance information
• Notify the police if the accident involves injury, death, or significant property damage (note that you are required to report the accident to the police even if there are no injuries if the damage exceeds a certain amount)
• Provide reasonable assistance to those injured
• Cooperate with first responders
• Call 911 immediately and wait for emergency services to arrive at the scene if anyone has sustained injuries

“Leaving the Scene of an Accident” vs. Hit-and-Run Phrasing

While the general public and media commonly use the term “hit-and-run,” New Jersey law and traffic tickets officially refer to this violation as “leaving the scene of an accident” under N.J.S.A. 39:4-129. Whether you face administrative penalties in a municipal court or indictable criminal charges in a higher court, the legal implications remain identical.

Understanding this difference in phrasing is critical, as your citation, driving history, and eventual defense strategy will heavily revolve around formal, statutory language rather than the colloquially-used “hit-and-run” terminology.

What Happens if a Driver Leaves Without Providing Information?

Drivers who leave an accident scene without providing reasonable assistance or exchanging the required information may face traffic violations, disorderly persons offenses, license suspension, insurance consequences, and even potential incarceration, depending on the severity of the accident.

What Are the Penalties for a Hit-and-Run in New Jersey?

As one can expect, leaving the scene of an accident is a crime in New Jersey. Depending on the severity of the damages, including property damage and injuries, penalties can vary. Because the consequences of a hit-and-run can be harsh and far-reaching, consulting an experienced attorney as soon as possible is in your best interest.

In Circumstances of Injury or Death:

• A fine ranging from $2,500 to $5,000
• A jail term of up to 180 days
• License suspension for a year (with a subsequent offense resulting in your driver’s license being permanently revoked)
• Permanent suspension for repeat offenders
• Eight (8) demerit points added to your driver’s license

In Cases of Damage to the Vehicle and/or Property:

• A fine ranging between $200 and $400
• A jail term of up to 30 days (or up to 3 months depending on the specific judicial discretion under the traffic code)
• Licenses are suspended for six months after a first offense or a year for repeat subsequent offenders
• Two (2) demerit points added to your driving record

Additional Consequences Beyond Fines and Jail

In addition to the criminal penalties imposed by the court, a driver convicted of a hit-and-run offense can face several long-term consequences that impact their finances and driving privileges. As such, additional consequences may include:

• Points on driver’s licenses
• Mandatory insurance premium increases
• Mandatory insurance surcharges
• Civil lawsuits filed by the injured parties
• Employment and background check compliance
• Permanent criminal or traffic records

What Are the Different Types of Hit-and-Run Accidents?

It’s important to understand that hit-and-run accidents in communities like Hackensack, Paramus, Ridgewood, or the surrounding Bergen County communities may be prosecuted in municipal courts and can result in long-term consequences.

Pedestrian Hit-and-Run Accidents:

Pedestrians are especially at risk of fatal hit-and-run accidents because they lack the body of a vehicle to protect them. When the driver escapes the scene, it could be just like signing the victim’s death warrant, as the immediacy of medical care can make the difference between life and death.

Common Injuries in Pedestrian Hit-and-Run Cases

• Traumatic brain injuries
• Broken bones
• Internal bleeding
• Permanent disability
• Chronic mobility issues
• Neck and spinal cord injuries

Cyclist Hit-and-Run Accidents

Even protective equipment worn by cyclists does not provide complete protection in the face of a car crash. Victims can encounter severe injuries such as bone fractures that require surgery or rehabilitation. In serious cases, the injury can even be life-changing. As children and young people make up a large part of cyclist hit-and-run accidents, it is important that these victims have someone who can fight for them and their rights.

Why Cyclist Hit-and-Run Cases Are Taken Seriously

• Cyclists have limited physical protection
• Injuries often require immediate medical attention
• Leaving the scene can delay medical care

Multiple Vehicle Hit-and-Run Accidents

Even though you are more protected from a crash than a pedestrian would be, victims of numerous vehicle hit-and-run accidents have also faced serious, life-changing injuries. Regardless of that, there is damage to your vehicle to think of and repair costs to pay for. Additionally, if you are a passenger, you may not have an insurance policy and end up having to pay large amounts in medical bills.

Additional Risks in Multi-Vehicle Collisions

• Chain-reaction crashes
• Highway traffic
• Conflicting witness statements
• Prolonged insurance investigations due to the complexity of these matters
• Increased likelihood of severe injuries

What Are Common Legal Defenses to a Hit-and-Run Charge in New Jersey?

If you are accused of a hit-and-run accident in Bergen County, like Hackensack, Paramus, Ridgewood, or any other community, it’s in your best interest to connect with an experienced criminal defense attorney. Because these matters can result in serious consequences, an experienced attorney can evaluate your case to determine what legal defenses may be applicable.

Common Hit-and-Run Defenses

• The driver was unaware that an accident had happened
• The vehicle information was incorrect, or you were misidentified
• You feared for your personal safety
• A medical emergency required you to leave the scene and seek medical care
• Mechanical failure prevented the vehicle from stopping
• Insufficient evidence proved that the driver knowingly fled the scene

Contact Our Bergen County Criminal Defense Firm

At the Law Office of Carl Spector, we understand how difficult it can be to face serious criminal charges like a hit-and-run. That is why it’s in your best interest to work with an experienced New Jersey criminal defense attorney who will aggressively fight for you. When your future is on the line, don’t settle for less than the best possible legal representation. Contact our firm today to learn how we can represent you during these difficult times.