Failing to Stop or Report After an Accident
Have you been involved with ‘hit and run’?
Hit and run carries heavy penalties (5-10 penalty points and or a prison sentence of up to 6 months). Hit and Run cases become much more serious when personal injury has occurred.
It is legal requirement for the driver to stop and remain at the scene of the accident where damage or personal injury has been caused. The driver must provide their name, address,
registered keepers details, Vehicle registration mark etc… And if the driver does not stop and provide their information, they are in contravention of the S170 of the Road Traffic Act 1988.
It is often the case that the driver does stop at the scene of the accident however cannot provide their details because it is not practicable (no one else at the scene) or that their details have not been requested. Thus, the statute requires the driver to report the accident at the police station as soon as practical and at the very latest within 24 hours of the incident, the failure of which results in a charge and the penalties’ for which are severe.
A custodial sentence would normally only be imposed if the driver failed to stop and someone was severely injured during the accident.
Failing to stop or report after an accident usually occur from the same incident, in which case the courts treat the offence as happening on the same occasion, thus the defendant should only receive penalty points for one offence. 5-10 penalty points on a license can have serious consequences and so you should seek expert advice to see if you can benefit from the following defenses;
a. The defendant was not driving at the time of incident
b. The defendant was not driving on a public road or place at time on incident
c. The defendant can show that they had stopped and provided the information and if not provided information then reported this to the police as soon as practical.
d. The defendant had no knowledge that an accident had occurred. (most common)
If there is no damage or injury no duty arises upon the driver to stop and or report, so cannot be found guilty.
Contact our driving / motoring offences team in Ruislip, Middlesex
If any of these situations apply to you, then contact our specialist team on 020 3856 8156 or complete our online enquiry form.