It is always the case that you must remain at a car accident scene long enough to exchange information with the involved parties and provide a statement to the responding law enforcement officer. This testament stands regardless of whether you found yourself at fault for the accident event, whether you believe everyone was left uninjured and without property damages, or any other external circumstances. Otherwise, you may face legal troubles with the New Jersey civil court, criminal court, or both. With that in mind, please continue reading to learn whether a hit and run is considered a traffic violation or criminal offense and how an experienced Morristown traffic violation lawyer at Graves Andrews, LLC can help your defense in either scenario.
Is a Hit-and-Run Considered a Traffic Violation in New Jersey?
In accordance with New Jersey law, drivers involved in a collision must remain at the scene long enough to exchange information with the other parties involved and cooperate with law enforcement. This applies to all parties, regardless of who is at fault or if a driver believes the collision is minor.
A hit-and-run accident may be charged as a traffic violation if it resulted in property damage. However, more serious damage can turn the case into a criminal charge.
Under New Jersey law, drivers involved in collisions resulting in property damage, bodily harm, or death are legally required to stop, remain at the scene, provide identifying information, and inform law enforcement, when necessary. Failure to do so can result in both traffic penalties and criminal liability, dending on the circumstances of the collision.
Common Penalties for Property Damage Hit-and-Run Accidents
If other drivers incurred damages to their motor vehicles, requiring repair or replacement, you may be subject to a fine of anywhere between $200 to $400. In addition, you may have your driver’s license temporarily suspended. This is not to mention that two points may be added to your driver’s license, and your auto insurance premiums may skyrocket.
However, the courts may impose additional penalties based on:
- The severity of the damage
- If the driver attempted to evade liability
- Prior driving history
Under What Circumstances Is a Hit-and-Run a Criminal Offense?
You may be in a scenario where the other involved drivers come forward to the New Jersey criminal court and claim they incurred bodily injuries or death as a direct result of your hit and run. In this case, the New Jersey court can impose harsh penalties.
When Does a Hit-and-Run Become More Serious?
Prosecutors in Morris County may pursue hit-and-run charges against a driver more aggressively if certain circumstances are present, including:
- Leaving the scene of an accident resulting in death
- Leaving the scene of an accident resulting in serious bodily harm
- Drugs or alcohol were involved in the collision
- The conduct is deemed reckless or dangerous
- The driver never reported the accident to police
Hit-and-Run Involving Bodily Injury
- Accidents involving bodily injury can result in:
- Criminal charges
- Hefty fines
- Potential time spent in jail
- Suspension or revocation of a driver’s license
- Courts will generally consider:
- The severity of the injuries
- If medical assistance was delayed
- The prior driving record and criminal history of the driver
Hit-and-Run Resulting in Death
- Hit-and-run accidents that result in fatality can be even more intense
- Consequences include:
- Incarceration for an extended period of time
- Considerable monetary fines and fees
- Long-term, if not permanent, revocation of the driver’s license
- Prosecutors can also pursue additional criminal charges, depending on the circumstances of the collision
Can a Hit-and-Run Be Considered Reckless Driving?
In some instances, a driver charged with a hit-and-run may also face charges for reckless driving if the prosecution alleges your conduct showed a willful disregard for the life and safety of others. As such, these charges become likely when:
- The accident involved excessive speeding
- The driver intentionally ignored traffic signals
- The collision involved alcohol or drugs
- The driver fled despite knowing someone sustained injuries
Will I Also Face Civil Liability After a Hit-and-Run Accident?
Once your criminal court proceedings for your hit-and-run offense have concluded, you may be expected to defend yourself in a civil court. This is because an affected party may hold the right to pursue a civil claim against you, so that they may recover financial compensation for their damages, which often include:
- Their medical expenses
- Compensation for lost wages, if the victim is unable to work due to their injuries
- Damage to their property
- Pain and suffering
How a Hit-and-Run Can Impact You Financially
- Increase insurance costs
- Civil lawsuits
- Court-imposed fines and fees
- Potential wage garnishment
- Long-term impacts on driving ability
Contact an Experienced Morris County Criminal Defense Firm
At Graves Andrews, LLC, we understand how overwhelming it can be to be involved in a collision. As such, if you have been accused of fleeing the scene of an accident in Morristown, Madison, or any other Morris County community, it’s in your best interest to contact our dedicated law firm. We can explore all options to help you fight for the best outcome. Contact us today to learn more.