Video NJlaws- The NJ Laws Tube: Leaving the Scene of an Accident

39:4-129, 39:4-130 Leaving Scene of Accident and Failure to Report, Car
Accident

Kenneth Vercammen's Law
office represents individuals charged with criminal and serious traffic
violations throughout New Jersey. There is mandatory 6 month loss of license
for leaving the scene. Our goal as the attorney is to negotiate with the
prosecutor to reduce down to a violation with no suspension.

39:4-129
Action in case of accident.

39:4-129 .
(a) The driver of any vehicle, knowingly involved in an accident resulting in
injury or death to any person shall immediately stop the vehicle at the scene
of the accident or as close thereto as possible but shall then forthwith
return to and in every event shall remain at the scene until he has fulfilled
the requirements of subsection (c) of this section. Every such stop
shall be made without obstructing traffic more than is necessary. Any
person who shall violate this subsection shall be fined not less than $2,500
nor more than $5,000, or be imprisoned for a period of 180 days, or
both. The term of imprisonment required by this subsection shall be
imposed only if the accident resulted in death or injury to a person other
than the driver convicted of violating this section.

In
addition, any person convicted under this subsection shall forfeit his right
to operate a motor vehicle over the highways of this State for a period of
one year from the date of his conviction for the first offense and for a
subsequent offense shall thereafter permanently forfeit his right to operate
a motor vehicle over the highways of this State.

(b)

The
driver of any vehicle knowingly involved in an accident resulting only in
damage to a vehicle, including his own vehicle, or other property which is
attended by any person shall immediately stop his vehicle at the scene of
such accident or as close thereto as possible, but shall then forthwith
return to and in every event shall remain at the scene of such accident until
he has fulfilled the requirements of subsection (c) of this section.
Every such stop shall be made without obstructing traffic more than is
necessary. Any person who shall violate this subsection shall be fined
not less than $200 nor more than $400, or be imprisoned for a period of not
more than 30 days, or both, for the first offense, and for a subsequent
offense, shall be fined not less than $400 nor more than $600, or be
imprisoned for a period of not less than 30 days nor more than 90 days or
both.

In
addition, a person who violates this subsection shall, for a first offense,
forfeit the right to operate a motor vehicle in this State for a period of
six months from the date of conviction, and for a period of one year from the
date of conviction for any subsequent offense.

(c)

The
driver of any vehicle knowingly involved in an accident resulting in injury
or death to any person or damage to any vehicle or property shall give his
name and address and exhibit his operators license and registration certificate
of his vehicle to the person injured or whose vehicle or property was damaged
and to any police officer or witness of the accident, and to the driver or
occupants of the vehicle collided with and render to a person injured in the
accident reasonable assistance, including the carrying of that person to a
hospital or a physician for medical or surgical treatment, if it is apparent
that the treatment is necessary or is requested by the injured person.

In the
event that none of the persons specified are in condition to receive the
information to which they otherwise would be entitled under this subsection,
and no police officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of subsections (a) and (b)
of this section, insofar as possible on his part to be performed, shall
forthwith report such accident to the nearest office of the local police
department or of the county police of the county or of the State Police and
submit thereto the information specified in this subsection.

(d)

The
driver of any vehicle which knowingly collides with or is knowingly involved
in an accident with any vehicle or other property which is unattended
resulting in any damage to such vehicle or other property shall immediately
stop and shall then and there locate and notify the operator or owner of such
vehicle or other property of the name and address of the driver and owner of
the vehicle striking the unattended vehicle or other property or, in the
event an unattended vehicle is struck and the driver or owner thereof cannot
be immediately located, shall attach securely in a conspicuous place in or on
such vehicle a written notice giving the name and address of the driver and
owner of the vehicle doing the striking or, in the event other property is
struck and the owner thereof cannot be immediately located, shall notify the
nearest office of the local police department or of the county police of the
county or of the State Police and in addition shall notify the owner of the
property as soon as the owner can be identified and located. Any person who
violates this subsection shall be punished as provided in subsection (b) of
this section.

(e)

There
shall be a permissive inference that the driver of any motor vehicle involved
in an accident resulting in injury or death to any person or damage in the
amount of $250.00 or more to any vehicle or property has knowledge that he
was involved in such accident.

For
purposes of this section, it shall not be a defense that the operator of the
motor vehicle was unaware of the existence or extent of personal injury or
property damage caused by the accident as long as the operator was aware that
he was involved in an accident.

There
shall be a permissive inference that the registered owner of the vehicle
which was involved in an accident subject to the provisions of this section
was the person involved in the accident; provided, however, if that vehicle
is owned by a rental car company or is a leased vehicle, there shall be a
permissive inference that the renter or authorized driver pursuant to a
rental car contract or the lessee, and not the owner of the vehicle, was
involved in the accident, and the requirements and penalties imposed pursuant
to this section shall be applicable to that renter or authorized driver or lessee
and not the owner of the vehicle.

Any
person who suppresses, by way of concealment or destruction, any evidence of
a violation of this section or who suppresses the identity of the violator
shall be subject to a fine of not less than $250 or more than $1,000.

Amended
1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1;
1994, c.183, s.1; 2003, c.55, s.1; 2007, c.266, s.1.

39:4-130 Immediate
notice of accident; written report.

39:4-130.
The driver of a vehicle or street car involved in an accident resulting in
injury to or death of any person, or damage to property of any one person in
excess of $500.00 shall by the quickest means of communication give notice of
such accident to the local police department or to the nearest office of the
county police of the county or of the State Police, and in addition shall
within 10 days after such accident forward a written report of such accident
to the commission on forms furnished by it. Such written reports shall
contain sufficiently detailed information with reference to a motor vehicle
accident, including the cause, the conditions then existing, the persons and
vehicles involved and such information as may be necessary to enable the chief
administrator to determine whether the requirements for the deposit of
security required by law are inapplicable by reason of the existence of
insurance or other circumstances. The chief administrator may rely upon
the accuracy of the information contained in any such report, unless he has
reason to believe that the report is erroneous. The commission may
require operators involved in accidents to file supplemental reports of
accidents upon forms furnished by it when in the opinion of the commission, the
original report is insufficient. The reports shall be without
prejudice, shall be for the information of the commission, and shall not be
open to public inspection. The fact that the reports have been so made
shall be admissible in evidence solely to prove a compliance with this
section, but no report or any part thereof or statement contained therein
shall be admissible in evidence for any other purpose in any proceeding or
action arising out of the accident.

Whenever
the driver of a vehicle is physically incapable of giving immediate notice or
making a written report of an accident as required in this section and there
was another occupant in the vehicle at the time of the accident capable of
giving notice or making a report, such occupant shall make or cause to be
made said notice or report not made by the driver.

Whenever
the driver is physically incapable of making a written report of an accident
as required by this section and such driver is not the owner of the vehicle,
then the owner of the vehicle involved in such accident shall make such
report not made by the driver.

In
those cases where a driver knowingly violates the provisions of this section
by failing to make a written report of an accident, there shall be a
permissive inference that the registered owner of the vehicle which was
involved in that accident was the person involved in the accident; provided,
however, if that vehicle is owned by a rental car company or is a leased
vehicle, there shall be a permissive inference that the renter or authorized
driver pursuant to a rental car contract or the lessee, and not the owner of
the vehicle, was the person involved in the accident, and the requirements
and penalties imposed pursuant to this section shall be applicable to that
renter or authorized driver or lessee and not the owner of the vehicle.

A
written report of an accident shall not be required by this section if a law
enforcement officer submits a written report of the accident to the
commission pursuant to R.S.39:4-131.