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New Jersey Traffic Laws


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 operator's 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)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 shall be presumed to have knowledge that he
was involved in such accident, and such presumption shall be rebuttable
in nature.

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. 

 

 

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