Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
N.J.S.A. 39:4-129 requires a driver who knows they were in an accident to stop, stay, exchange information and help anyone hurt. Leaving an injury or death accident carries a $2,500 to $5,000 fine, up to 180 days in jail, and a one-year loss of driving privileges for a first offense. Leaving a property-damage accident carries a $200 to $400 fine, up to 30 days, and a six-month loss. Leaving a crash that causes serious bodily injury or death is also an indictable crime.
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What must a driver do after an accident?
- Stop at or as close as possible to the scene without blocking traffic more than necessary, and stay there
- Give your name and address and show your license and registration to the injured person or owner of damaged property, any police officer or witness, and the other driver or occupants
- Give reasonable help to anyone injured, including taking them for medical treatment if it is clearly needed or they ask
- If no one is able to receive the information and no officer is there, report the accident to the nearest local, county or State Police office
- If you hit an unattended car or property, find and notify the owner, or leave a secure written note with your name and address on the car, or notify police for other property and then the owner once found
Penalties under 39:4-129
| Accident | Fine | Jail | Loss of driving privileges |
|---|---|---|---|
| Injury or death, first offense (a.) | $2,500 to $5,000 | 180 days, or fine and jail (jail only if someone other than the driver was hurt or killed) | 1 year |
| Injury or death, later offense (a.) | $2,500 to $5,000 | 180 days, or fine and jail | Permanent |
| Property damage, attended or unattended, first offense (b., d.) | $200 to $400 | Up to 30 days, or both | 6 months |
| Property damage, later offense (b., d.) | $400 to $600 | 30 to 90 days, or both | 1 year |
Hiding or destroying evidence of a violation, or hiding the identity of the driver, carries a separate fine of $250 to $1,000.
When does leaving the scene become a crime?
- Serious bodily injury: knowingly leaving the scene of an accident in violation of 39:4-129 when it causes serious bodily injury is a third-degree crime under N.J.S.A. 2C:12-1.1. The usual presumption against prison for a first offender does not apply, and the sentence runs consecutively to any assault by auto sentence.
- Death: knowingly leaving the scene when the accident results in death is a second-degree crime under N.J.S.A. 2C:11-5.1, with consecutive sentencing to any vehicular homicide or manslaughter conviction.
- In both crimes, knowing about the injury or death is not an element; the driver only has to know they were in an accident.
What does the State have to prove?
The duties apply to a driver "knowingly involved" in an accident. The statute gives the State two permissive inferences: that a driver in an accident with injury, death or at least $250 in damage knew about it, and that the registered owner was the driver (or, for rental and leased cars, the renter or lessee). It is not a defense that you did not know how badly someone was hurt or how much damage there was, as long as you knew you were in an accident. An inference is something a judge or jury may accept, not something they must accept.
Common defense issues
- Whether you actually knew you were in an accident, for example a minor contact you did not feel or hear
- Who was driving, since the owner inference can be rebutted
- Whether you did stop and give information, or left for a safety or medical reason and reported promptly
- The amount of damage, which matters for the $250 inference
- Whether a DWI, refusal or suspended-license charge is also pending, and how the license penalties stack
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- Breath test refusal
Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Alcotest 9510
The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
- Driving while suspended (39:3-40 / 2C:40-26)
Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.
- DWI plea agreements
For decades New Jersey banned plea bargaining in DWI cases under Guideline 4. Since February 2024, N.J.S.A. 39:4-50 allows a plea agreement on the prosecutor's recommendation with a factual basis.
- DWI in a school zone
New Jersey's school-zone DWI enhancement, N.J.S.A. 39:4-50(g), was deleted by P.L.2019, c.248. What that means today, and where school zones still matter for suspended drivers and drug charges.
- DWI with a CDL
How a New Jersey DWI affects a commercial driver license: the 0.04% limit in a commercial vehicle, one- to three-year CDL suspensions, lifetime revocation for a second offense, and DWI in a personal car.
- Underage DWI
New Jersey's underage drinking and driving law, N.J.S.A. 39:4-50.14: the 0.01% BAC threshold for drivers under 21, the 30- to 90-day license loss, community service, and when the regular DWI law applies instead.
- DWI with a minor passenger (39:4-50.15)
DWI with a child in the car under N.J.S.A. 39:4-50.15: who counts as a parent or guardian, the separate disorderly persons offense, the extra license loss of up to six months and community service.
- Aggravated assault (2C:12-1b)
How N.J.S.A. 2C:12-1(b) defines aggravated assault, which conduct is second, third or fourth degree, assaults on officers and protected workers, strangulation in domestic violence cases, and the court process.
Frequently asked questions
Is leaving the scene of an accident a crime in New Jersey?
Leaving the scene under N.J.S.A. 39:4-129 is a motor vehicle offense with fines, possible jail and license loss. Knowingly leaving an accident that causes serious bodily injury is a third-degree crime, and one that causes death is a second-degree crime.
How long is the license suspension for leaving the scene in NJ?
For an injury or death accident, one year for a first offense and permanent for a later offense. For a property-damage accident, six months for a first offense and one year for a later offense.
What if I hit a parked car and no one was around?
You must stop and find the owner, or leave a secure written note with your name and address, and the driver's and owner's names and addresses if different. Leaving without doing that carries the same penalties as a property-damage accident.
Is it a defense that I did not know anyone was hurt?
No. The statute says it is not a defense that you were unaware of the injury or damage, as long as you knew you were in an accident.
Where we handle these cases
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Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
