39:4-129. Action in case of accident
[Leaving the scene]
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
$500 nor more than $1,000 or be imprisoned for a period of
180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, 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.
Amended 1940,c.147; 1967, c.189,s.1;
1977,c.407; 1978,c.180; 1979,c.463,s.1; 1994,c.183,s.1.
39:4-130. Immediate notice of accident;
written report [Failure to report]
39:4-130. The driver of a vehicle
or street car involved in an accident resulting in injury to or death of any
person, or damage to
property of any one person in excess of $500.00 shall by the
quickest means of communication give notice of such accident to the
local police department or to the nearest office of the
county police of the county or of the State Police, and in addition shall
within 10
days after such accident forward a written report of such
accident to the division on forms furnished by it. Such written reports
shall
contain sufficiently detailed information with reference to
a motor vehicle accident, including the cause, the conditions then existing,
the persons and vehicles involved and such information as
may be necessary to enable the director to determine whether the
requirements for the deposit of security required by law are
inapplicable by reason of the existence of insurance or other
circumstances. The director may rely upon the accuracy
of the information contained in any such report, unless he has reason to
believe that the report is erroneous. The division may
require operators involved in accidents to file supplemental reports of
accidents
upon forms furnished by it when in the opinion of the
division, the original report is insufficient. The reports shall be
without prejudice,
shall be for the information of the division, and shall not
be open to public inspection. The fact that the reports have been so made
shall be admissible in evidence solely to prove a compliance
with this section, but no report or any part thereof or statement contained
therein shall be admissible in evidence for any other
purpose in any proceeding or action arising out of the accident.
Whenever the driver of a vehicle is physically
incapable of giving immediate notice or making a written report of an accident
as
required in this section and there was another occupant in
the vehicle at the time of the accident capable of giving notice or making a
report, such occupant shall make or cause to be made said
notice or report not made by the driver.
Whenever the driver is physically incapable of
making a written report of an accident as required by this section and such
driver is
not the owner of the vehicle, then the owner of the vehicle
involved in such accident shall make such report not made by the driver.
A written report of an accident shall not be
required by this section if a law enforcement officer submits a written report
of the
accident to the division pursuant to R.S. 39:4-131.
Any person who knowingly violates this section
shall be fined not less than $30 or more than $100.
The director may revoke or suspend the
operator's license privilege and registration privilege of a person who
violates this section.
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.
Amended 1951, c.23,s.72; 1953,c.187;
1967,c.189,s.2; 1983,c.193,s.1; 1994,c.183,s.2.
