Legal Question in Criminal Law in New Jersey

Refused to assist a person in car mishap

In trying to avoid hitting the car next to me, I somehow got my legs caught between the two automobiles as I was trying to back out of my parking lot. I was in excruciating pain from the pressure on my legs and kept my hand on the horn hoping someone would come and assist me. A woman from my apartment complex was going to the dumpster to empty her trash which is where the parking area is. I had my hand on the horn and kept pushing it hoping she would see me and come over to help. She looked at me, turned her head and kept walking.


Asked on 8/14/06, 7:12 am

2 Answers from Attorneys

Re: Refused to assist a person in car mishap

While this is regrettable, it is not criminal. There is no recognized duty to rescue on the part of an ordinary citizen.

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Answered on 8/14/06, 9:35 am
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Refused to assist a person in car mishap

I am so sorry to hear of your accident. There is no duty to aid or rescue placed upon an ordinary citizen. While your neighbor might be apathetic, and the lack of concern on her part absolutely pathetic, it is not actionable either at criminal or civil law.

Did you know that your own no-fault automobile insurance is responsible for your medical bills in this instance? Did you know that it contains provisions for income continuation and essential services? That these benefits are available to you even it the accident was your fault?

By the way, while it certainly sounds like the accident was your fault "I somehow got my legs caught between the two automobiles", It isn't clear to me that the design of the parking lot, or manner in which the other car parked didn't contribute to the accident. Those areas seem more fruitful for investigation than the unfeeling neighbor.

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Answered on 8/14/06, 11:27 am


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