Accidents happen. 

There are circumstances under which a motor vehicle accident does result in the filing of criminal charges.  There are also circumstances under which a motor vehicle accident, even one that results in death or serious bodily injury, does not result in the filing of criminal charges.  What are those circumstances?  And who decides whether criminal charges are filed?

In the event of a motor vehicle accident wherein someone was injured or killed, the local police department (often times in conjunction with the County Prosecutor’s Office) will conduct an investigation.  The goal of that investigation is to determine, based on the facts and circumstances surrounding the accident, whether it is legally appropriate to file criminal charges.  (Of note, the length of time for the investigation can vary considerably.)  In most cases, the decision to charge will ultimately be made by the County Prosecutor’s Office.

Circumstances under which criminal charges can be filed against a driver who was involved in a motor vehicle accident and who caused another to be killed or sustain serious bodily injury or bodily injury include but are not limited to:

1. When someone drives a motor vehicle (or vessel) recklessly.  Notably, operating a hand-held wireless telephone while driving may be considered reckless.
2. When someone drives a motor vehicle (or vessel) while under the influence of alcohol or drugs or refuses to provide a breath sample for testing.
3. When someone drives a motor vehicle (or vessel) in an aggressive manner directed at another vehicle (or vessel).  This includes unexpectedly altering speed, making improper or erratic lane changes, disregarding traffic control devices, failing to yield the right of way, or following too closely.
4. When the accident happens while the driver is fleeing or attempting to flee a law enforcement officer.
5. When someone is involved in an accident and knowingly leaves the scene without reporting the accident to law enforcement or attempting to get help for a potentially injured person.
6. When someone drives a motor vehicle (or vessel) without a valid license (either unlicensed or the license is suspended).

Types of Criminal Charges and Potential Penalties

Indictable (i.e. felony-level) offenses include First, Second, Third, and Fourth Degree crimes such as Vehicular Homicide, Assault by Auto or Vessel, and Leaving the Scene of a Motor Vehicle Accident Involving Death or Serious Bodily Injury.  All indictable offenses are prosecuted in the Superior Court of the County in which the accident happened.  Disorderly persons (i.e., misdemeanor-level) offenses, such as certain Assault by Auto offenses, are prosecuted in the local Municipal Court in the town in which the accident happened.  The type of charge(s) filed determines the potential penalty that the driver faces if convicted. 

First Degree Crimes

First Degree crimes are the most serious charges in the State of New Jersey. First Degree crimes stemming from a motor vehicle accident can include:

Aggravated Manslaughter. Recklessly causing the death of another under circumstances manifesting extreme indifference to the value of human life. If convicted, the driver faces between 10 and 30 years in New Jersey State Prison and must serve 85% of their sentence without parole as per the No Early Release Act (“NERA”). A convicted driver can have their license suspended and faces mandatory fines and penalties.

Aggravated Manslaughter. Causing the death of another person while fleeing or attempting to elude a law enforcement officer. This is a strict liability crime, meaning that the person’s mental state is irrelevant. Upon proof that the driver was fleeing or attempting to elude a law enforcement officer, the driver is strictly liable for the death that resulted. If convicted, the driver faces between 10 and 20 years in New Jersey State Prison and must serve 85% of their sentence without parole. A convicted driver can have their license suspended and faces mandatory fines and penalties.

Death by Auto a/k/a Vehicular Homicide. Causing the death of another by recklessly driving a vehicle or vessel while under the influence of alcohol or drugs AND while on school property or within 1,000 feet of school property or while driving through a school crossing. If convicted, the driver faces between 10 and 20 years in New Jersey State Prison and must serve 85% of their sentence without parole. A convicted driver will have their license suspended for a period of time between 5 years to life and faces mandatory fines and penalties.

Second Degree Crimes

Second Degree crimes stemming from a motor vehicle accident can include:

Death by Auto or Vessel a/k/a Vehicular Homicide. Causing the death of another by driving a vehicle or vessel recklessly. If convicted, the driver faces between 5 and 10 years in New Jersey State Prison and, under certain circumstances, may be required serve 85% of their sentence without parole. A convicted driver can have their license suspended and faces mandatory fines and penalties.

Knowingly Leaving the Scene of Accident. A motor vehicle operator who knows he/she is involved in an accident and knowingly leaves the scene of that accident can be prosecuted for this crime if the accident results in the death of another person. If convicted, the driver faces between 5 and 10 years in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Leaving the Scene of a Boating Accident.  A vessel operator who knows he/she is involved in an accident and knowingly leaves the scene of that accident can be prosecuted for this crime if the accident results in the death of another person.  If convicted, the operator faces between 5 and 10 years in New Jersey State Prison.

Assault by Auto. Causing serious bodily injury to another when driving a motor vehicle or vessel while intoxicated AND while on school property or within 1,000 feet of school property or while driving through a school crossing. If convicted, the driver / operator faces between 5 and 10 years in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Third Degree Crimes

Third Degree crimes stemming from a motor vehicle accident can include:

Death by Auto or Vessel a/k/a Vehicular Homicide.  Causing the death of another by driving a vehicle or vessel recklessly (nothing other than failing to maintain a lane).  If convicted, the driver faces a sentence of up to 5 years in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Leaving the Scene of a Boating Accident.  A vessel operator who knows he/she is involved in an accident and knowingly leaves the scene of that accident can be prosecuted for this crime if the accident results in serious bodily injury to another person.  If convicted, the operator faces up to 5 years in New Jersey State Prison.

Assault by Auto.  Causing serious bodily injury to another when driving a motor vehicle or vessel while intoxicated. If convicted, the driver / operator faces up to 5 years in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Fourth Degree Crimes

Fourth Degree crimes stemming from a motor vehicle accident can include:

Assault by Auto. Causing serious bodily injury to another when driving a motor vehicle or vessel recklessly. If convicted, the driver / operator faces up to 18 months in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Assault by Auto. Causing bodily injury to another when driving a motor vehicle or vessel while intoxicated. If convicted, the driver / operator faces up to 18 months in New Jersey State Prison.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Disorderly Persons Offenses

Disorderly persons (i.e., misdemeanor-level) offenses stemming from a vehicle accident can include:

Assault by Auto. Causing bodily injury to another when driving a motor vehicle or vessel recklessly. If convicted, the driver / operator faces up to 6 months in the county jail.  A convicted driver can have their license suspended and faces mandatory fines and penalties.

Criminal Charges vs. Civil Lawsuits

The filing of criminal charges against a driver involved in a motor vehicle accident does not bar the filing of a civil lawsuit, and vice versa.  Criminal charges will only be filed against the driver following an investigation into the accident and a determination (generally by the County Prosecutor’s Office) that certain provisions of the NJ Criminal Code and/or the NJ Motor Vehicle Code have been violated.  The filing of a civil lawsuit is a means through which an injured party can obtain monetary compensation for damages sustained during a motor vehicle accident caused by another.  In the event that criminal charges are filed, it is important to ensure that the outcome of the criminal case does not adversely impact any civil liability that you might have.

If you or a loved one has been charged with a crime following a motor vehicle accident, it is imperative that you contact an attorney to ensure that your rights are protected and the case is handled appropriately.  Alissa D. Hascup, Esq. has extensive experience prosecuting assault by auto cases at both the County and Municipal level, as well as experience defending clients charged with assault by auto-related charges throughout the State.  Contact her for assistance at 862-257-1200.  She will strive to put you in a position to achieve the best possible result.