Car Accident Attorney New Jersey: Leaving Scene Injury Declination

The investigating officer alleged that the client’s pickup brushed a cyclist’s upper body, which caused the cyclist to fall and sustain an injury. The client stated that he did not see a cyclist at the moment of the jolt, and he drove home without realizing that any person had been struck. Several hours later, the client learned that an investigation had begun after a witness provided a partial plate number. The client then attempted to confirm whether anyone had been hurt and asked how to report insurance information.

The client attended an initial interview and answered questions about his route, speed, and visibility conditions. The client became anxious after an officer mentioned arrest exposure, and he gave an incomplete timeline about when he first noticed a scrape on the passenger side door. The defense later organized a corrected, consistent narrative supported by receipts, phone location history, and photographs of the vehicle taken before repairs. The goal was to show that confusion in an interview did not equal consciousness of guilt.

N.J.S.A. § 39:4 129 focuses on whether the driver was knowingly involved and then failed to stop and remain to complete required steps. The State typically relies on witness accounts, vehicle damage, and the driver’s own statements to prove knowledge. When the evidence supports only minor contact and uncertain awareness, the knowledge element becomes contested. A car accident attorney New Jersey often treats that element as the central issue because it separates a mistake from a deliberate departure.

If an accident results in serious bodily injury and the driver knows he was involved and knowingly leaves under circumstances that violate the traffic duty statute, prosecutors may consider N.J.S.A. § 2C:12 1.1. That offense is a third degree crime, and ordinary sentencing ranges for third degree crimes can run from three to five years under N.J.S.A. § 2C:43 6, subject to case specific factors and discretion. The defense strategy must therefore address both the underlying duty statute and the enhanced criminal theory.

The defense obtained roadway photographs, lighting conditions, and a timeline that matched the client’s work schedule and travel route. The defense also compared the reported point of contact to the vehicle’s damage pattern and showed that the location of the scrape was consistent with contact with a fixed object. A car accident attorney New Jersey emphasized that a driver cannot knowingly leave the scene of an injury accident if the driver reasonably did not perceive an impact with a person. The submission also highlighted that the client did not attempt to hide the vehicle, change registration, or avoid contact once he learned of the allegation.

The client had a prior alcohol related driving history, and the defense treated that fact as a credibility risk rather than a reason to concede the new allegation. Counsel advised the client to avoid speculative statements and to maintain respectful, direct answers. The defense presented proof of valid insurance, a stable work history, and immediate willingness to cooperate once he understood that someone might be injured. These points supported an argument that the client did not act with a purpose to evade responsibility.

The prosecutor concluded that the evidence did not reliably establish that the client knew he was involved in an accident that injured a person at the time he left the area. The defense narrative matched objective data, and witness accounts had gaps regarding visibility and distance. A New Jersey car accident attorney can often resolve cases at this stage by presenting a complete, document supported explanation before a charging decision hardens.

A driver should stop when it is safe and assess whether a person, vehicle, or property may have been hit. A driver should call law enforcement when there is any reasonable possibility of injury and exchange identifying and insurance information. A driver should document the scene with photographs and obtain names of witnesses when possible. Early consultation with a car accident attorney New Jersey can help preserve evidence, manage communications, and reduce the risk of statements that create misunderstandings.