Leaving The Scene Of An Accident

Leaving The Scene Of An Accident: Here’s What To Do

If you are involved in a collision, you have a legal duty to stop your vehicle, ensure the safety of others and to report any damage. This could also mean calling for medical assistance if necessary, and waiting for the police to arrive if required. You will also need to exchange contact details and insurance details (if you find they have no insurance you may find our article on defences to driving with no insurance helpful) with the other driver. Failing to do these things and leaving the scene of an accident could have legal consequences that you need to be aware of.

On this page, we will explain your legal responsibilities following an accident, as well as the process that you should follow if you become involved in a road traffic accident.

What is deemed as a road traffic accident/collision?

A road traffic collision that should be reported by law, is any collision involving a mechanically propelled vehicle on a road or other public place which causes at least one of the following:

–   Damage to road furniture, property built on, attached to, growing in or forming part of the land where the road is situated

–   Damage to another vehicle or vehicles caused as a consequence of the road traffic collision

–   Damage or Injury caused to an animal (not to include an animals being carried in the vehicle in question). In this capacity, an animal would be classed as a dog, horse, cattle, mule, sheep, pig or goat.

–   Damage or Injury caused to a human being, other than the driver of the offending vehicle.

What should I do if I am involved in a road traffic accident or collision?

If you have been involved in a road traffic collision, you are legally required to stop at the scene as soon as it is reasonably safe to do so. You must switch you engine off, hazard lights on and check if you or any of the passengers within your vehicle have been injured. If any of your passengers require medical assistance, telephone 999 immediately. When safe to do so/if possible, exit your vehicle and check of the other vehicles involved in the accident. If there are no injuries requiring medical assistance and no severe damage limiting the motorist ability to safely resume driving, you may exchange contact/insurance details with the other driver.

If the other driver is refusing to exchange details or have left the scene without doing so, we would recommend telephoning the police on 101 whilst remaining at the scene of the collision.

Can I be charged with leaving the scene of a road traffic accident or collision?

Yes, if you fail to stop at the scene of a road traffic collision and do not report the incident to police within 24 hours, you could be charged with the offence of failure to stop and report an accident. This offence falls under section 170 of the Road Traffic Act which states:

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle and

(6) To comply with a duty under this section to report an accident or to procedure such a certificate of insurance.. or other evidence, as mention in section 165(2)(a) of this Act, the driver-
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case within twenty-four hours of the occurrence of the accident

If you fail to comply with the above, you will be charged with this offence and be subject to the associated penalty.

 What is the Penalty for failing to stop and report an accident or collision?

Failing to stop and report an accident is a triable only summarily offence, meaning it will be heard in the Magistrates Court. Due to the vast number of circumstances that can fall under this offence, the sentencing guidelines range from a five penalty point endorsement to a custodial sentence. The sentencing guidelines for the offence are split in to three categories as follows:

Category 1: If you fall within this sentencing bracket, you are subject to a starting point of a high level community order (150 to 300 hours of unpaid work) to a 26 week custodial sentence.

Category 2: If you fall within this sentencing bracket, you are subject to a starting point of 7-8 penalty points, a driving disqualification of up to 6 months to a medium level community order (80 to 150 hours of unpaid work).

Category 3: If you fall within this sentencing bracket, you are subject to a 5-6 penalty points and a band A-C financial penalty.

 The category you would be subject to is defined by the elements of harm and culpability present in the specific case. Factors which indicate a higher culpability are those where an offender has given false details, the offender has left an injured person at the scene, the offence was committed as a result of trying to avoid arrest for another matter or if the offender was under the influence of alcohol or drugs. Factors which would indicate harm, are cases where injury has been caused a person or significant damage has been caused to a motorists vehicle.

We would always recommend discussing your case with a motoring expert, who will be able to give you an indication as to which category you may fall into.

What should I do I have hit an empty parked car?

The action required by you in the circumstance will be dependent on the circumstances of the collision. If you have only made minor contact with the vehicle, it was empty and no damage was caused, there is no legal requirement for you to report this to police. It is of course advisable to try to contact the owner of the vehicle where possible. If you caused damaged to the vehicle or have injured a person within the vehicle, you must report this to the police within 24 hours. In this circumstance, we would recommend exiting your vehicle and conducting a thorough check of the parked vehicle to ensure damage has not been caused. It may also be beneficial to take some pictures at the scene in case you require these at a later date.

Do I have to report the accident the police if I have exchanged details with the driver?

Whether you need to report the accident or collision to the police will depend on the circumstances surrounding the incident. If you have exchanged details with the driver/s of the other vehicles involved, no injuries were sustained to any persons, no damage to another vehicle was caused and there were no allegations of other driving offences – there is no requirement to report the incident to the police. However, you must report the incident to the police within 24 hours if anyone was injured as a consequence of the collision, if any damage has been caused to any other vehicle besides your own, if you suspect the other person may have committed a motoring offence or if you were unable to exchange details at the scene of the collision.

You may also need to telephone 999 in circumstances whereby; someone has been seriously injured and requires medical attention urgently, someone is in danger as a consequence of the road traffic collision, you believe a serious offence has been committed that the police ought to be aware of or, if the road has been obstructed following the collision, causing a blockage or danger to other road users.

Would there be any defences available to me for failing to stop and report?

We would always recommend discussing your case with a solicitor to determine if any possible defences are available to you. However, the most two common defences for this offence are:

Unaware of Collision:  If you unaware of the collision had taken place, you would need to satisfy the judge that it is reasonable for this to be the case. For, example, if significant damage has been caused, the collision damaged your own vehicle or multiple vehicles were involved – this is unlikely to be a successful defence

No Damage/Injury: If you have exchanged details with all other parties involved and no-one has been injured, there is no requirement to report a collision to the police. However, it is important you take all reasonable steps to ensure you have diligently performed checks to ensure that this is accurate. If you have still be charged with this offence, you may need to take the matter to a trial hearing, whereby the prosecution would need to evidence injury or damage had been caused.

If I have been charged with failing to stop and report, do I need a solicitor?

If you have been charged with the offence, it is completely understandable to feel overwhelmed, especially given this offence carries the potential of a custodial sentence. If you have been notified that you are either investigation or will be charged with this offence, we would advise contacting a motoring expert as soon as possible.

At Caddick Davies Solicitors, we offer an initial free consultation for anyone who requires assistance with a motoring offences. If you require assistance, please email [email protected] or call 0330 175 6853.