Police are looking for the drive of a newer model, dark colored, Jeep Cherokee last seen traveling southbound on Albert Avenue in Lakewood Township. Lakewood Police say the accident happened when two people, father and son, were walking alone Oak Street after 9 p.m. when they were hit by a Jeep Cherokee traveling eastbound and then turned south on Albert Avenue.
One of the victims, a 37-year-old male, sustained moderate injures, and the minor child unfortunately succumbed to his injuries at the scene. The Lakewood School District is offering a reward of $3,600 in hopes of catching the drive of the Jeep.
Criminal v. Civil Remedies
In New Jersey, when a driver flees the scene of an accident that resulted in a significant bodily injury or death, the person could be charged with a felony hit-and run charge. If a driver leaves the scene of an accident that caused property damage but no injury, the charge is a misdemeanor and punishable by a $200 fine and possibly a few days in jail.
However, if there is an injury and the driver flees, the charges are much more serious. This is a felony charge, and the driver could face up to six months in prison and a fine of $5,000. In NJ, the victim of a crime might be compensated by a victim’s compensation fund and/or the criminal judge can order a certain amount for restitution, but in most cases, these amounts are small and often not paid but he defendant.
Wrongful Death
New Jersey allows the family of a hit-and-run fatality crash to sue the driver for the loss of the loved one. However, this is made difficult if the driver isn’t found. In many cases, if a reward is offered for information on the driver, it can lead to the capture and arrest of the person believed responsible.
If that happens, then his or her insurance will pay the surviving family for their losses. However, if the driver is never found, then the victim’s own insurance policy might be used if the victim had a uninsured or underinsured motorists provision in the policy. When the victim is a minor, there typically would be no auto insurance policy since the person didn’t have a driver’s license.
Damages for Wrongful Death
The damages that can be sought in a wrongful death claim are looked at from the perspective of the surviving family. Anyone who is an immediate family member is able to make a claim for damages which include things like loss of companionship, grief and anguish for losing a child/parent or sibling, loss of support if the victim supported other in the family and other economic and non-economic losses.
All surviving family members that qualify can seek damages, and any amounts awarded will be divided between those members.
Contact a Philadelphia Children’s Injury Lawyer.
Injuries to children are one of the most painful experiences that your family can endure. Sometimes called Philadelphia’s Children’s Attorney, Edith Pearce is experienced in representing the interest of children and their families who are seeking justice for their child.
Edith has extensive experience representing children and seeking justice on their behalf. With Edith, you can come and talk, ask questions and then decide what’s best for you without worrying about making a commitment or paying a consultation fee. She knows that where children and family are concerned, the parents want only what’s best for their child and their family, and she will work hard to do just that.
If your son or daughter was injured, contact The Pearce Law Firm, P.C. at (215) 557-8686 for a free consultation and case evaluation.