Newark Hit-and-Run Tragedy: Family Seeks Justice After Pedestrian Killed Outside Elementary School

Newark Hit-and-Run Tragedy: Family Seeks Justice After Pedestrian Killed Outside Elementary School

The heartbreaking reality is that every year, thousands of pedestrians are injured or killed in traffic accidents. In 2022, nearly 7,500 pedestrians died in traffic crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). This stark statistic underscores the vulnerability of pedestrians, especially in densely populated urban areas like Newark, New Jersey. When a hit-and-run occurs, leaving a family to grieve and seek answers, the pursuit of justice becomes paramount. Recently, a tragic incident in Newark has brought this issue to the forefront, highlighting the devastating consequences of reckless driving and the importance of holding perpetrators accountable.

The Incident: A Community Mourns

On July 28, 2025, a hit-and-run crash in front of George Washington Carver Elementary School on Clinton Place in Newark claimed the life of 28-year-old Eryn Montgomery and seriously injured 40-year-old Kieonna Jones. According to the Essex County Prosecutor’s Office, Segundo Carlos Bunay, 33, of Newark, was driving a 2014 white Ford Econoline van when he struck the two women around 9 p.m. Bunay initially fled the scene but later returned and was arrested. Montgomery was pronounced dead at University Hospital, while Jones was reported to be in stable condition.

The charges against Bunay are severe, including first-degree vehicular homicide while driving under the influence in a school zone, second-degree reckless vehicular homicide, second-degree leaving the scene of a crash resulting in death, second-degree assault by auto driving under the influence in a school zone, third-degree leaving the scene of a crash resulting in serious driving injury, and two counts of third-degree endangering an injured victim. These charges reflect the gravity of the situation and the potential for significant legal repercussions.

Hit-and-Run Laws in New Jersey: Consequences and Penalties

New Jersey law mandates that drivers stop immediately after being involved in an accident. Leaving the scene of an accident, also known as a hit-and-run, carries significant penalties, which vary depending on the severity of the incident.

Failure to Stop: Civil Penalties

Under New Jersey law (N.J.S.A. 39:4-129), a driver involved in an accident must stop and provide their name, address, driver’s license, and vehicle registration to the other parties involved or to a police officer on the scene. They must also render reasonable assistance to anyone injured, which includes calling for an ambulance or taking the injured party to the hospital if necessary.

Failure to comply with these requirements can result in the following civil penalties:

  • Property Damage Only (First Offense):
    • Fine: $200–$400
    • Jail: Up to 30 days
    • Driver’s License Suspension: 6 months
    • Points on License: 2 points
  • Property Damage Only (Second Offense):
    • Fine: $400–$600
    • Jail: 30–90 days
    • Driver’s License Suspension: 1 year
    • Points on License: 2 points
  • Personal Injury or Death:
    • Fine: $2,500–$5,000
    • Jail: Up to 180 days
    • Driver’s License Suspension: 1 year (possibility of permanent loss of license for a second offense)
    • Points on License: 8 points

Criminal Charges for Hit-and-Run

In addition to the civil penalties, a hit-and-run can also result in criminal charges, particularly if the accident results in serious bodily injury or death. According to N.J.S.A. 2C:12-1.1, knowingly leaving the scene of an accident involving serious bodily injury can lead to a third-degree charge, carrying a sentence of three to five years in prison and a fine of up to $15,000.

Seeking Justice: Wrongful Death Claims

In cases where a hit-and-run results in a fatality, the victim’s family may pursue a wrongful death claim. A wrongful death claim is a civil lawsuit brought against the person or entity responsible for the death, seeking compensation for the damages suffered by the family as a result of their loss.

Who Can File a Wrongful Death Claim?

In New Jersey, a wrongful death claim can be filed by the administrator of the deceased person’s estate. This is typically a family member, such as a spouse, parent, or child. The compensation awarded in a wrongful death case is distributed to the surviving family members according to the laws of intestacy (if there is no will) or according to the instructions in the deceased’s will.

Damages Recoverable in a Wrongful Death Claim

The damages that can be recovered in a wrongful death claim may include:

  • Economic Damages:
    • Funeral and burial expenses
    • Medical expenses incurred prior to death
    • Lost wages and future earning capacity
    • Loss of benefits, such as health insurance or retirement funds
    • Value of household services the deceased provided
  • Non-Economic Damages:
    • Loss of companionship, guidance, and advice
    • Pain and suffering experienced by the deceased prior to death

The Role of a Wrongful Death Attorney

Navigating the legal complexities of a wrongful death claim can be overwhelming, especially during a time of grief. A skilled and experienced wrongful death attorney can provide invaluable assistance to the family by:

  • Investigating the accident to determine liability
  • Gathering evidence to support the claim
  • Negotiating with insurance companies
  • Filing a lawsuit and representing the family in court, if necessary
  • Ensuring that the family receives the full compensation they are entitled to under the law

Pedestrian Safety: A Community Responsibility

The tragic hit-and-run in Newark underscores the need for increased pedestrian safety measures, especially in areas near schools. The City of Newark has implemented various initiatives to improve pedestrian safety, including:

  • School Zone Safety Program: This program includes physical improvements such as signs, pavement markings, flashing signals, and imprinted crosswalks.
  • Pedestrian Safety Program: This program focuses on installing pedestrian crossing signs in areas where pedestrian and motor vehicle collisions frequently occur.
  • Complete Streets Policy: New Jersey’s Complete Streets policy requires all major NJDOT roadway projects to include accommodations for pedestrians, bicyclists, transit users, and the mobility impaired.

However, these measures alone are not enough. Drivers must also take responsibility for their actions and exercise caution, especially in areas with high pedestrian traffic. This includes:

  • Obeying speed limits
  • Avoiding distractions, such as cell phones
  • Being aware of pedestrians, especially children
  • Never driving under the influence of alcohol or drugs

A Call to Action

The Newark hit-and-run tragedy serves as a stark reminder of the devastating consequences of reckless driving and the importance of pedestrian safety. As the family of Eryn Montgomery seeks justice, it is crucial that the community comes together to support them and to advocate for safer streets for all. By holding perpetrators accountable, implementing effective safety measures, and promoting responsible driving habits, we can work towards preventing future tragedies and ensuring that no other family has to endure such a devastating loss.

If you or a loved one has been injured in a pedestrian accident, it is essential to seek legal guidance as soon as possible. Contact an experienced personal injury attorney to discuss your rights and options.