A hit and run in New Jersey is a serious offense with legal repercussions. When a driver is involved in a collision and leaves the scene without fulfilling their legal duties, they have committed a hit and run. The state treats these incidents with severity, and the consequences for drivers who fail to stop, provide information, or render aid can be substantial.
What Constitutes a Hit and Run in New Jersey
A hit and run is legally defined under New Jersey statute N.J.S.A. 39:4-129, which covers leaving the scene of an accident.1Justia Law. New Jersey Revised Statutes Section 39:4-129 (2024) – Action in Case of Accident The offense is a driver’s knowing involvement in an accident and their subsequent failure to stop. This applies whether the accident results in injury, death, or damage to attended or unattended property. The law presumes a driver is aware of an accident if it results in injury, death, or property damage exceeding $250.
The nature of the offense is determined by the outcome of the collision. An incident involving only property damage is treated differently than one causing personal injury. If someone is hurt or killed, the severity of the charges escalates.
Driver Responsibilities at an Accident Scene
New Jersey law imposes specific duties on any driver involved in an accident. The primary obligation is to immediately stop the vehicle at the scene, or as close as possible without obstructing traffic. Once stopped, the driver must provide their name, address, and the vehicle’s registration number, and exhibit their driver’s license to the other driver, any injured party, or a police officer.
The duties extend beyond exchanging information. A driver must render “reasonable assistance” to anyone injured, which can include arranging for transportation to a hospital if medical treatment is necessary or requested. If the collision involves an unattended vehicle or property, the driver must attempt to locate the owner. If the owner cannot be found, the driver must leave a written notice on the property with their contact information and report the accident to the police.
Consequences of a Hit and Run Conviction
For accidents resulting only in property damage, a first-time offender faces fines between $200 and $400, imprisonment for up to 30 days, and a driver’s license suspension for up to 30 days. A second offense increases the penalties to a $400 to $600 fine, a jail term of 30 to 90 days, and a one-year license suspension.
When an accident involves personal injury, the consequences are more severe. A conviction carries fines from $2,500 to $5,000 and a jail sentence of up to 180 days. A driver will lose their license for one year for a first offense, and a second offense results in a permanent revocation of driving privileges. If the accident results in serious bodily injury, the offense is elevated to a third-degree crime, and if it results in death, it becomes a second-degree crime.2Justia Law. New Jersey Revised Statutes Section 2C:11-5.1 (2024) – Knowingly Leaving Scene of Accident Under Certain Circumstances; Crime, Sentencing
Beyond fines and jail time, a conviction leads to other repercussions. A driver will receive 8 points on their license for leaving the scene of an injury accident.3LII / Legal Information Institute. N.J. Admin. Code § 13:19-10.1 – Point Assessment This accumulation of points triggers insurance surcharges for several years, and the resulting criminal record can create long-term obstacles to employment.
Time Limits for Prosecution
The state of New Jersey has a limited time, known as the statute of limitations, to prosecute a hit and run. The time limit depends on the offense classification. For cases treated as disorderly persons offenses, such as those involving only property damage, the prosecution must begin within one year of the incident.
For more serious hit and run cases classified as indictable crimes, which includes any accident resulting in injury, the state has a longer period to file charges. The statute of limitations for these crimes is five years from the date of the offense.4Justia Law. New Jersey Revised Statutes Section 2C:1-6 (2024) – Time Limitations This time limit can be paused, or “tolled,” if the individual is actively fleeing from justice to avoid prosecution.