Why Leaving the Scene of an Accident Can Lead to Criminal Charges in New Jersey

In New Jersey, leaving the scene of an accident is considered a serious offense. When a driver flees the scene after an accident—whether there is property damage, injuries, or fatalities—they can face criminal charges. Understanding the legal consequences and the defense options available is essential for anyone in this situation. 

If you’ve left the scene of an accident and now find yourself facing criminal charges, it’s important to know what comes next and how a criminal defense lawyer can help protect your rights.

What Does It Mean to Flee After a Collision?

In New Jersey, when a driver involved in a crash fails to stop and share their details—such as contact information, insurance, and driver’s license—it is considered fleeing the scene. The law requires all drivers to remain at the location of the crash, particularly when there are injuries, fatalities, or damage to property. 

Even if the accident seems minor, choosing to leave without following these steps can result in severe legal consequences, including criminal charges and penalties.

Legal Obligations After an Accident

In New Jersey, if you’re involved in an accident, you are legally required to stop, check for injuries, and exchange information with other involved parties. Here’s what is typically expected:

• Stop your vehicle: Regardless of the accident’s severity, you are required to pull over and stop safely.
• Check for injuries: If anyone is injured, you must offer reasonable assistance, such as calling for medical help.
• Exchange information: You must provide your contact and insurance details to others involved in the accident.
• Notify law enforcement: If there are injuries, fatalities, or significant property damage, you are required to report the accident to the police.

Failing to fulfill these obligations can lead to serious criminal charges, even if the accident was relatively minor.

Criminal Consequences of Fleeing After an Accident 

In New Jersey, fleeing the scene of an accident can lead to serious charges, depending on the circumstances. The penalties vary based on the severity of the accident and whether there were any injuries or fatalities.

Property Damage Only

If you leave the scene of an accident where only property damage occurred (such as a fender bender), you may be charged with a significant traffic violation. The penalties for this can include:

• Fines up to $400
• Possible jail time of up to 30 days
• Points added to your driving record
• License suspension for up to 30 days

While these penalties may seem manageable, they can still have long-term consequences, such as increased insurance premiums and loss of employment. 

Injuries Involved

If you flee the scene of an accident where someone was injured, the penalties become much more severe. This is considered a felony in New Jersey, with potential penalties including:

• Fines of up to $5,000
• Jail time of up to five years
• License suspension of one year or longer
• Restitution to the injured parties

In these cases, the court takes into account the severity of the injury, the extent of property damage, and whether the driver was under the influence of drugs or alcohol.

Fatalities

Leaving the scene of an accident that results in a fatality is one of the most serious offenses under New Jersey law. This is a felony charge that can lead to:

• Fines of up to $150,000
• Prison sentences ranging from five to ten years
• Permanent license revocation
• Civil lawsuits from the victim’s family

In these cases, a criminal defense lawyer is crucial to navigating the complex legal process and defending against life-altering penalties.

Why Do People Leave the Scene of an Accident?

Despite the serious consequences, some drivers leave the scene of an accident for a variety of reasons. These can include:

• Panic: After an accident, especially if there is significant damage or injuries, drivers may react impulsively out of fear and leave the scene.
• Driving under the influence: Drivers who are impaired by alcohol or drugs may flee the scene to avoid facing DUI charges.
• Lack of insurance: Uninsured drivers may leave the scene to avoid financial liability.
• Outstanding warrants or prior offenses: Some individuals may already have a criminal record or outstanding warrants and fear additional charges if they are caught.

Regardless of the reason, fleeing after an accident only compounds the legal issues you may face.

Defending Against Charges of Leaving the Scene of an Accident

If you are charged with leaving the scene of an accident, a strong defense strategy is essential to reducing or dismissing the charges. Working with a knowledgeable criminal defense attorney can make a significant difference in your case. Here are some common defense strategies:

Lack of Awareness

In some cases, drivers may argue that they were unaware an accident occurred. This defense is often used in situations where the impact was minor, and the driver didn’t realize they hit another vehicle or property.

Reasonable Cause for Leaving

If a driver left the scene due to immediate danger—such as a threat to their safety or a medical emergency—a criminal defense lawyer may argue that the decision to leave was justified under the circumstances. In such cases, the driver’s intent can play a critical role in their defense.

Incorrect Identification

Sometimes, drivers are incorrectly identified as the person who left the scene. A criminal defense attorney can investigate the facts, such as video footage or witness statements, to challenge the prosecution’s case and demonstrate that the wrong person is being accused.

Steps to Take if You’ve Been Charged

If you’ve been charged with leaving the scene of an accident in New Jersey, it’s important to take immediate action:

• Do not admit guilt: Avoid making statements to the police or insurance companies without first consulting with a lawyer.
• Contact a criminal defense lawyer: A skilled attorney can review your case, explore defense strategies, and guide you through the legal process.
• Gather evidence: Collect any evidence that can support your case, including photos, video footage, or witness contact information.

Why You Need a Criminal Defense Lawyer

The legal consequences of driving off after a collision can be severe, impacting your freedom, finances, and future. Working with a criminal defense lawyer is essential to ensuring your rights are protected and that you receive a fair defense. An attorney can:

• Analyze the specifics of your case
• Challenge the evidence presented by the prosecution
• Negotiate plea deals to reduce charges
• Represent you in court if necessary

With the help of an experienced criminal defense attorney, you can potentially avoid harsh penalties and work toward a more favorable outcome.

Charged With Leaving the Scene of an Accident in New Jersey? Contact the Criminal Defense Attorneys at Gelman Law for Legal Representation

Leaving the scene of an accident in New Jersey can lead to serious criminal charges with long-lasting consequences. If you find yourself facing these charges, it’s important to take the right steps to protect your rights. A criminal defense lawyer can provide the legal guidance and defense strategies you need to minimize penalties and safeguard your future.

Contact Gelman Law today for a consultation. Call us at 856-861-4236 or fill out our online contact form to discuss your case and learn how we can help you fight these charges.

Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.