New Jersey Section 2C:12-1.1 – Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.
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New Jersey Law on Leaving the Scene of an Accident with Serious Injuries
Getting into a car accident is scary enough, but when someone flees the scene after causing serious injuries, it becomes a criminal offense in New Jersey. Section 2C:12-1.1 of the New Jersey code deals with accidents where the driver knowingly leaves the scene after causing serious bodily injury to another person. This is considered a third degree crime, punishable by 3-5 years in prison.
The Law in Plain English
In simple terms, it’s against the law in New Jersey to drive away after an accident you caused that resulted in serious injuries to someone else. Serious bodily injury means things like broken bones, concussions, permanent disfigurement or disability. It doesn’t include just cuts and bruises.
The driver must have known that they caused the accident and injuries, and then intentionally fled the scene anyway. Accidentally driving away because you didn’t realize someone was hurt is different than knowingly leaving.
Why This Law Exists
The goal of this law is to prevent drivers from evading responsibility after causing major injuries in a collision. Fleeing the scene often makes it harder for police to investigate the accident and hold the at-fault driver accountable. It also deprives injured victims of immediate medical attention when time is critical.
Overall, the law encourages drivers to stop, render aid, and cooperate with authorities whenever their actions lead to substantial harm to others on the road. No one should be left bleeding or unconscious in the street because a driver was only thinking of themselves.
What Qualifies as Serious Bodily Injury
Not every fender bender falls under this statute, even if the driver leaves. Serious bodily injury has a specific definition under New Jersey criminal law (N.J.S.A. 2C:11-1). Some examples include:
- Broken bones or fractures
- Concussions or other traumatic head/brain injuries
- Bodily organs being punctured or torn
- Permanent scarring or disfigurement
- Partial or total loss of a bodily function
- Substantial risk of death
Basically, think significant physical harm beyond just superficial cuts and bruises. Prosecutors have to prove the victim’s injuries meet this threshold.
Potential Defenses to This Charge
There are some potential defenses if you get charged under this law:
- No serious injury occurred – The prosecution has to prove the victim’s injuries were actually severe per the legal definition. Minor scrapes or soreness doesn’t count.
- You didn’t know anyone was hurt – If you can show you left innocently without realizing there were serious injuries, this negates the “knowingly” requirement. However, stopping initially and then fleeing could still be a crime.
- Someone else caused the injuries – If faulty road conditions, another driver, or the victim’s own actions actually caused the serious injuries instead of your driving, then you may not be liable.
- You did stop at first – The law requires leaving the scene. If you stopped, rendered reasonable assistance, but then left before police arrived, you may have a defense.
- Mistaken identity – If prosecutors charge the wrong driver, you obviously have a solid defense.
Penalties and Punishment
Knowingly leaving the scene of an accident with serious injuries is a third degree felony in New Jersey. This carries:
- 3-5 years in state prison
- Fines up to $15,000
- Driver’s license suspension
- 5 years of probation
Judges have wide discretion on sentencing. A lighter punishment is more likely for those with no criminal history versus serial offenders. The extent of injuries, number of victims, and other case specifics also impact sentencing.
Getting Legal Help
Any criminal charge is scary, but especially one involving accidental harm and moral culpability for fleeing. Having an experienced New Jersey criminal defense lawyer is critical. They can evaluate any potential defenses and build the strongest case possible. This improves your odds of reduced charges or an acquittal.
Don’t go it alone against seasoned prosecutors. The costs of a conviction are too steep. Let a lawyer protect your rights and future. Many provide free consultations, so you can discuss your case at no risk or obligation.
Bottom Line
Leaving the scene of a serious accident is not just immoral, but a felony under New Jersey law. If charged under Section 2C:12-1.1, understand the elements prosecutors must prove and possible defenses. An attorney experienced with these cases can fully explain your options. Don’t take chances – get competent legal help immediately.