Leaving the scene of an accident can be a serious traffic charge, and injury or death can create separate criminal exposure. The first questions are what the driver knew and what duties the statute required at the scene.
The Traffic Statute Is N.J.S.A. 39:4-129
The statute requires a driver knowingly involved in an accident to stop, remain at or return to the scene as required, and provide the information and assistance required by law. Different provisions apply depending on whether the accident involved injury, death, or property damage.
Knowledge Matters
The State must prove the mental state required by the statute. In many cases, the factual dispute is whether the driver knew that an accident had occurred or knew facts that made the statutory duties applicable.
MVC Points Depend on Injury
The MVC assigns 2 points for leaving the scene of an accident with no personal injury and 8 points when personal injury is involved.
Serious Injury Can Create a Criminal Charge
When a driver knows of the accident and knowingly leaves in violation of N.J.S.A. 39:4-129, a separate third-degree crime can apply if the accident results in serious bodily injury.
Death Can Create a Second-Degree Charge
Under current law, knowingly leaving the scene in violation of N.J.S.A. 39:4-129 when the accident results in death can constitute a second-degree crime.
The Evidence Is Often Concrete
Vehicle damage, 911 calls, surveillance video, dash-camera footage, phone records, witness statements, accident-scene evidence, and what the driver did immediately afterward can all become important.