Being involved in a road traffic accident can be stressful, and it is not always easy to think clearly in the immediate aftermath. However, drivers have certain legal responsibilities that must be followed, even where the accident appears relatively minor.
One of the most important is the requirement to stop following particular accidents. Failing to do so can result in prosecution and, in more serious circumstances, a substantial driving ban or even imprisonment. If you have left the scene of an accident and are concerned about what happens next, obtaining advice quickly can be important.
When Do You Have to Stop After an Accident?
Under the Road Traffic Act 1988, a driver must stop if an accident involving their vehicle causes injury to another person or damage to another vehicle or certain types of property.
Stopping means remaining at the scene for a reasonable period so that the necessary details can be exchanged. Simply stopping briefly and then driving away may not be sufficient if you have not given another person a reasonable opportunity to request your details.
The obligation can apply even where you do not believe that you caused the accident. What matters is whether your vehicle was involved in an accident to which the legal requirements apply.
What Information Must You Provide?
Following an accident, you may be required to provide your name and address, the vehicle owner’s name and address, and the vehicle’s registration details to anyone who has reasonable grounds for requesting them.
Where personal injury has occurred, additional requirements relating to insurance information may apply. It is important to ensure that the correct details are provided rather than assuming that exchanging telephone numbers is sufficient.
If the vehicle does not belong to you, you should also make sure that the correct details of the registered owner are available where required.
What if You Do Not Exchange Details?
If the required details are not exchanged at the scene, you may have an obligation to report the accident to the police. This should be done as soon as reasonably practicable and, in any event, within 24 hours of the accident.
Failing to report an accident when required is a separate offence. It is therefore possible to face allegations of both failing to stop and failing to report arising from the same incident.
If you have already left the scene and realise afterwards that you should have stopped or provided details, you should not simply ignore the situation. Taking prompt legal advice can help you understand what steps should be taken next.
What Happens if the Police Contact You?
The police may contact you after receiving a report from another driver, a witness, or the owner of damaged property. They may also identify a vehicle through CCTV, dashcam footage, registration details, or other evidence.
You may be asked to provide information about who was driving the vehicle or invited to attend a police interview. Depending on the circumstances, you could then be charged and required to attend court.
If the police want to interview you about the incident, it is important to obtain legal advice before answering questions. What you say during an interview may later be relied upon as evidence.
What Are the Penalties?
Failing to stop after an accident is treated seriously by the courts. A conviction can result in penalty points, a fine, or disqualification from driving. In the most serious cases, imprisonment is also available.
The sentence will depend heavily on the circumstances surrounding the incident. Deliberately leaving the scene to avoid responsibility, causing injury, attempting to conceal involvement in an accident, or failing to return to the scene may make the offence considerably more serious.
Your previous driving record and the circumstances in which you left the scene may also be taken into account when the court decides the appropriate sentence.
What if You Did Not Realise an Accident Had Happened?
Some cases arise because a driver says they were genuinely unaware that an accident had occurred. This can happen following minor contact between vehicles, particularly in busy traffic or car parks, or where damage is not immediately obvious.
Whether this provides a defence will depend on the precise circumstances and evidence. Whether the driver knew that an accident had occurred will be an important issue, and CCTV, witness statements, vehicle damage, and the driver’s actions may all be relevant when determining this. For this reason, the evidence should be examined carefully before deciding how to respond to the allegation.
What if You Panicked and Left the Scene?
Some drivers leave the scene because they panic immediately after an accident rather than because they deliberately intend to avoid responsibility. While panic does not necessarily provide a defence to the offence, the circumstances surrounding your actions may still be relevant.
For example, whether you later contacted the police, returned to the scene, or attempted to provide your details may be important when the court considers the seriousness of the offence and any mitigation available to you.
If you have already left the scene, getting advice promptly can help you decide how best to deal with the situation.
Why Legal Advice Matters
If you have been accused of failing to stop after an accident, it is important to obtain legal advice as soon as possible. A solicitor can review the circumstances, examine the evidence, and advise whether you have a defence or should consider entering a guilty plea.
Where the offence is admitted, effective mitigation can also be important in explaining the circumstances to the court and seeking to minimise the penalty imposed.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.