A woman was arrested and charged with leaving the scene of an accident resulting in death and tampering with evidence in Trenton, NJ. Upon questioning, Christina Rosario admitted to the police that while driving on March 5, 2014, she struck a man. She claimed that she stopped to check on the victim and he seemed to be fine. She then left the area without waiting for police nor did she herself report the accident later on. The man she struck died two days later. She was charged with evidence tampering because she left the State to have her windshield repaired to hide evidence of the collision.
If you are involved in an accident you must not leave the scene. You must call the police and report the accident. If you fear retaliation of some sort, call the police immediately, identify yourself and ask for instructions. The driver is facing significant criminal penalties for her actions.
The victim’s loved ones have a right to bring a wrongful death claim against the driver, owner and insurance company of the vehicle. Claims can be brought under both the Wrongful Death Act, N.J.S.A. 2A:31-1, and under the Survivor’s Act, N.J.S.A. 2A:15-3. The wrongful death claim compensates those relatives who were dependent on the deceased while the survivors claim is asserted for reasonable compensation for the victim’s pain and suffering prior to his death. The family can pursue additional damages for funeral benefits, medical bills and lost wages.
In this case the driver was caught. In those cases where the identity of the vehicle and of the operator or owner cannot be discovered, the victim or his family have a right to bring an uninsured motorist claim against his/her own automobile insurance company. As long as the plaintiff can show that reasonable efforts to determine the identity of the vehicle, its owner and its driver were made, he or she, can make the claim.
At Stark & Stark we specialize in aggressively pursuing all avenues for recovery for our clients. If you or someone you know has been injured contact us for a free consultation. There is never a fee unless we recover a settlement or verdict for our clients.