Hit and Run Laws Traffic Laws Criminal Law New Jersey Laws

New Jersey Hit and Run Laws: Penalties, Statutes, and Your Rights

March 17, 202211 min read

Quick Summary: New Jersey Hit and Run Penalties

New Jersey prosecutes hit and run offenses under two separate statutes: a traffic violation (NJSA 39:4-129) and a criminal offense (NJSA 2C:12-1.1 and 2C:11-5.1). When someone is injured or killed, the driver faces charges under both statutes simultaneously.

New Jersey calculator and receipt on a desk beside a car insurance card

Property damage only (first offense): 30 to 90 days in jail, $200 to $400 fine, license suspension up to 1 year
Personal injury (traffic offense): Up to 180 days in jail, $2,500 to $5,000 fine
Serious bodily injury (criminal): Third-degree crime, 3 to 5 years in prison, up to $15,000 fine
Death (criminal): Second-degree crime, 5 to 10 years in prison, up to $150,000 fine
Report requirement: Accidents with injury, death, or property damage over $500 must be reported within 10 days
License points: 2 points for property damage, 8 points for injury or death
Fault state: New Jersey is a no-fault insurance state with a comparative fault rule

Your Legal Obligations at the Scene of an Accident

Leaving scene of accident NJSA 39:4-129 requires that any driver involved in an accident must immediately stop at the scene or as close as possible and fulfill several legal requirements:

Provide identification: Give your name, address, and show your driver's license to the other driver, property owner, or injured person
Render assistance: You or a passenger in your vehicle must provide reasonable help to anyone who needs it
Exchange insurance: Share your insurance policy information with the other party
Notify police: Contact law enforcement if the accident results in death, injury, or property damage
Remain at scene: Stay until you have fulfilled all required duties

Upon first conviction under this statute, the court must suspend your driver's license for up to one year. For subsequent offenses, permanent license revocation is possible.

Property Damage Hit and Run (Traffic Offense)

Person at accident scene Leaving the scene of an accident involving only property damage is a disorderly persons offense (similar to a misdemeanor in other states).

First Offense

Fine between $200 and $400
Possible jail time of 30 to 90 days (at the court's discretion)
License suspension up to 1 year
2 demerit points on your driving record

Subsequent Offenses

Fine between $200 and $400
Up to 30 days in jail
License suspension up to 1 year

Hitting an Unattended Vehicle

If you damage an unattended vehicle or property:

Make a reasonable effort to locate the owner
If you cannot find the owner, leave a note in a visible place with your name, address, contact information, and vehicle registration
Notify law enforcement if damages appear to exceed $500

Reportable Accidents in New Jersey

Under NJSA 39:4-130, you must report any accident resulting in:

Death or injury to any person
Property damage exceeding $500

You must notify police using the "quickest means of communication" and submit a written accident report within 10 days. The self-reporting crash form is available through the New Jersey Department of Transportation.

Failure to report carries a fine between $30 and $100. The statute specifies that being unaware of personal injury or property damage is NOT a valid defense for failure to report.

If the Driver Cannot Report

If the driver is physically unable to give notice or file a report, and another occupant in the vehicle is capable of doing so, that occupant must fulfill the reporting requirements.

Hit and Run with Injury or Death (Criminal Charges)

DUI hit and run When an accident results in injury or death, you face both the traffic violation under NJSA 39:4-129 and criminal charges under the New Jersey Criminal Code.

Leaving the Scene with Personal Injury (Traffic Offense)

Under NJSA 39:4-129, leaving the scene of an accident involving personal injury carries:

Up to 180 days in jail
Fine between $2,500 and $5,000
License suspension or revocation for 1 year
8 demerit points

Leaving the Scene with Serious Bodily Injury (Third-Degree Crime)

Under NJSA 2C:12-1.1, knowingly leaving the scene of an accident that results in serious bodily injury is a third-degree crime. "Serious bodily injury" means any injury that:

Creates a significant risk of death
Causes serious permanent disfigurement
Results in loss or impairment of any bodily member or organ

Penalties for a third-degree crime: 3 to 5 years in prison and fines up to $15,000.

Leaving the Scene Resulting in Death (Second-Degree Crime)

Under NJSA 2C:11-5.1, knowingly leaving the scene of an accident that results in death is a second-degree crime. This is one of the most serious hit and run charges in New Jersey.

Penalties: 5 to 10 years in prison and fines up to $150,000.

An important aspect of this statute: neither knowledge of the death nor knowledge of the specific traffic violation are elements of the offense. It is not a defense to claim you did not know the victim died.

When the court imposes sentences for multiple offenses from the same incident, those sentences run consecutively, not concurrently.

Vehicular Manslaughter and Assault by Auto

NJSA 2C:11-5 defines vehicular homicide as causing death by driving recklessly.

Vehicular homicide classifications:

Second-degree crime: Up to 10 years in prison and $150,000 fine (for reckless driving causing death)
First-degree crime: Up to 20 years in prison (if under the influence of drugs or alcohol at time of accident)

The statute mandates a minimum term of imprisonment. For vehicular homicide, you must serve between one-third and one-half of your sentence (or 3 years, whichever is greater) before becoming eligible for parole.

Eluding Police

Eluding a police officer in New Jersey is a third-degree crime, punishable by up to 5 years in prison.

New Jersey Hit and Run Penalties Summary

Property damage (first offense): 30 to 90 days jail, $200 to $400 fine, 1-year license suspension, 2 points
Property damage (subsequent): Up to 30 days jail, $200 to $400 fine, 1-year suspension
Personal injury (traffic): Up to 180 days jail, $2,500 to $5,000 fine, 1-year suspension, 8 points
Serious bodily injury (criminal): Third-degree crime, 3 to 5 years prison, up to $15,000 fine
Death (criminal): Second-degree crime, 5 to 10 years prison, up to $150,000 fine
Vehicular homicide (reckless): Second-degree crime, up to 10 years prison, $150,000 fine
Vehicular homicide (DUI): First-degree crime, up to 20 years prison
Failure to report: $30 to $100 fine
Eluding police: Third-degree crime, up to 5 years prison

New Jersey Crash Statistics

According to the New Jersey State Police and Attorney General's Office:

2023 fatal crashes: 585 fatal crashes, a 9.4% decrease from 646 in 2022
2023 total deaths: 606 people died on New Jersey roads
2024 trend: Several counties reported increases in fatalities, including Hunterdon County (100% increase), Cape May County (75% increase in driver fatalities), and Cumberland County (36.4% increase)
Pedestrian fatalities: Bergen County saw a 23% increase in pedestrian deaths; Gloucester County saw a 20% increase

The New Jersey State Police maintains current fatal crash statistics updated regularly.

Civil Liability and How Fault Is Determined

Car keys after accident New Jersey is a no-fault state, meaning your own insurance company pays for your injuries regardless of who caused the accident. However, the state follows a comparative fault rule for claims that exceed no-fault coverage.

Under the comparative fault rule, you can recover damages if your share of responsibility for the accident is less than 50%. If you are 50% or more at fault, you cannot recover damages from the other party.

Permissive Inference: The statute creates a permissive inference that the registered owner of the vehicle was the person involved in the accident. For rental or leased vehicles, the inference applies to the renter or lessee rather than the vehicle owner.

Statute of Limitations:

Personal injury claims: 2 years from the date of accident
Property damage claims: 6 years

Protecting Your Rights at the Scene

Both drivers and victims should take these steps:

Document everything: driver descriptions, vehicle make, color, license plate, and damage
Take photos or video if possible
Collect witness contact information
Seek medical attention before commenting on your condition
Call police immediately
Never admit fault
Give a truthful account of events without speculation

Possible Defenses to Hit and Run Charges

Potential defenses depend on the specific facts of your case:

Safety concerns: Remaining at the scene would have placed you in danger
Lack of knowledge: You were genuinely unaware that an accident occurred
Compliance: You fulfilled all statutory obligations before leaving
Mistaken identity: You were not the driver involved in the accident

Other New Jersey Laws

More New Jersey Laws

Sources and References

NJSA 39:4-129: Action in Case of Accident(njleg.state.nj.us).gov
NJSA 2C:12-1.1: Knowingly Leaving Scene of Motor Vehicle Accident Resulting in Serious Bodily Injury(law.justia.com)
NJSA 2C:11-5.1: Knowingly Leaving Scene of Accident Resulting in Death(law.justia.com)
New Jersey DOT Self-Reporting Crash Form(state.nj.us).gov
New Jersey State Police Fatal Crash Statistics(nj.gov).gov