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NJ Accidents Resulting in Death or Serious Injury of Another Lawyers
Contents
- 1 Fighting Charges for Accidents with Serious Injuries or Fatalities in NJ
- 1.1 New Jersey Laws on Accidents with Serious Injuries
- 1.2 Common Causes of Serious Accidents
- 1.3 Proving Criminal Charges
- 1.4 Defending Against the Charges
- 1.5 Plea Bargaining Options
- 1.6 Suspension of Your Driver’s License
- 1.7 Wrongful Death or Personal Injury Lawsuits
- 1.8 Don’t Delay – Get Legal Help Now
- 1.9 References
Fighting Charges for Accidents with Serious Injuries or Fatalities in NJ
Being involved in any motor vehicle accident resulting in serious injury or death of another person can lead to devastating consequences in New Jersey. You may face not only civil lawsuits but also criminal charges that carry lengthy prison terms. Having an experienced criminal defense attorney on your side is critical for navigating this complex area of law.
New Jersey Laws on Accidents with Serious Injuries
New Jersey has a number of statutes that can come into play when an accident causes catastrophic injuries or death:
- N.J.S.A 2C:11-5 – Death by Auto. If you cause a fatality while driving recklessly or under the influence, you can face 5-10 years in prison.
- N.J.S.A 2C:12-1 – Aggravated Assault by Auto. Causing serious bodily injury recklessly or while intoxicated can lead to 3-5 years imprisonment.
- N.J.S.A 39:4-129 – Leaving the scene of an accident involving injury or death results in fines and up to 180 days incarceration.
These charges are on top of any potential civil liability in lawsuits brought by victims or their families.
Common Causes of Serious Accidents
Some of the most common causes of major injury and fatal crashes in New Jersey include:
- Drunk or impaired driving
- Excessive speeding
- Distracted driving (cell phone use, etc.)
- Running red lights or stop signs
- Dangerous lane changes or turns
- Drowsy driving
- Reckless driving
While any type of accident can potentially turn serious, the above factors dramatically increase risks.
Proving Criminal Charges
For prosecutors to obtain convictions on criminal charges related to serious injury or fatal accidents in New Jersey, they must prove key elements beyond a reasonable doubt such as:
- You were driving the vehicle involved in the crash
- Your actions behind the wheel were reckless or grossly negligent
- Your conduct was the primary cause of the victim’s injuries or death
- You violated traffic laws
- You were intoxicated or impaired by drugs or alcohol at the time of the accident
A skilled criminal defense attorney can frequently undermine the prosecution’s ability to establish these elements in court.
Defending Against the Charges
There are various legal strategies an experienced lawyer may use to fight criminal charges stemming from serious injury and fatal crashes, such as:
- Contesting the police investigation and evidence collection
- Challenging the conclusions and qualifications of the state’s accident reconstruction experts
- Raising doubts about whether your actions actually caused the victim’s injuries or death
- Disputing the level of negligence involved
- Seeking to suppress blood test results for intoxication
By picking apart the prosecution’s case, dismissal or acquittal of the charges may be achieved in some instances.
Plea Bargaining Options
If the charges cannot be completely defeated at trial, your attorney’s goal will be negotiating the best possible plea bargain under the circumstances. This could involve:
- Pleading to reduced charges like reckless driving instead of vehicular homicide
- Avoiding or minimizing any jail or prison time
- Serving time in the county jail instead of state prison
- Participating in a pre-trial intervention program
- Agreeing to speak at schools about the dangers of reckless driving
An experienced negotiator can secure a fair outcome that avoids the harshest penalties.
Suspension of Your Driver’s License
In addition to criminal punishments, a conviction for an accident involving death or catastrophic injuries will also result in a lengthy suspension of your New Jersey driving privileges by the MVC. Your attorney can help you seek a restricted license for work or school purposes after a period of time.
Wrongful Death or Personal Injury Lawsuits
Beyond criminal charges, you will likely have to defend against substantial civil claims as well from the injured victims or their families. This is where your auto insurance policy and assets could be at risk. A skilled personal injury attorney is key to resolving these potential lawsuits as favorably as possible.
Don’t Delay – Get Legal Help Now
If you have been involved in any sort of major accident causing catastrophic injuries or death, you should immediately consult with an experienced criminal defense lawyer. The stakes are extremely high, both criminally and civilly.
With an aggressive legal strategy, you may be able to avoid jail time and financial devastation. But the clock is ticking, so don’t wait to get advice from a pro.