Notice to Victims of Motor Vehicle Accidents
Your Role in the Court Process
If you have suffered personal or psychological injury as a result of a motor vehicle accident, or if a member of your family has been killed in a traffic accident, you may qualify for special rights under New Jersey law. If the accident involved a drunk driver, you may also qualify as a victim if you have been injured, had a family member killed or have suffered a loss of personal or real property.
As a victim in a motor vehicle accident, you are entitled to certain rights under New Jersey law. You also play a key role in the court process. Among your rights are the following:
- You have the right to be treated with fairness, compassion and respect by the criminal justice system.
- You have the right to be present and be given advance notice of all court proceedings in your case.
- You have the right to be notified if the defendant is to be released from custody.
- You have the right to be advised about the status of the case as it proceeds through the court system. You will also be informed of the final disposition of the case.
- You have the right to consult with the prosecutor prior to the filing of a proposed plea agreement or application to dismiss the charges in the case.
If you are the victim of a drunk driver, you have certain additional rights.
- You have the right, prior to sentencing, to make an in court statement directly to the judge describing the impact the case has had on you or your family.
- You have the right to be free from intimidation and to have the inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible.
- You have the right to be notified if your presence in court is not needed, and to be provided with a secure waiting area during court proceedings.
- You have the right to be compensated for your losses whenever possible and to the prompt return of your property when it is no longer needed as evidence.
Your rights as a victim are protected by the New Jersey Constitution and by state. law. This court and its staff will make every effort to protect your rights as a victim and to enforce the law respecting those rights.