IS THERE A DEFENCE FOR FAILING TO STOP AND FAILING TO REPORT AN ACCIDENT?

Sometimes known as ‘Hit and Run’ offences, the penalties for failing to stop following an accident can change peoples lives.

The law is quite clear that when an accident takes place and either damage or personal injury has been caused that the driver of a vehicle is required to remain at the scene of an accident to provide their name and address.

Section 170 of the Road Traffic Act 1988 makes it an offence to fail to stop at the scene of an accident and there is also a requirement if you do stop at the scene of an accident, but do not have your details requested, or it is not practicable for you to exchange details, to report an accident to the Police Station as soon as is practical and usually this is within 24 hours of the incident.

We quite often come across individuals who are not even aware that an accident has happened, who have failed to exchange details and these cases may be dealt with by way of penalty points or a fine.  However, the most serious incident can involve a prison sentence of up to 6 months.  This is usually where somebody has driven away knowing that there had been a collision that involves a severe injury.  However, even having 5 to 10 points added to your licence, which is a possibility in even minor cases, could lead to serious consequences for your ability to drive.  There are some defences to the offences of failing to stop and failing to report an accident, common ones are: –

1. You were not driving at the time of the accident, or were not on a public road; or
2. That you can demonstrate that had you stopped and exchanged details and reported the incident as soon as practical, or
3. That you even had no knowledge that an accident had occurred, which when minor incidents happen is quite common.

You should also remember that it is for the Prosecution to prove that injury or damage was caused and if there was no damage or injury there is no duty on you to stop or report, so you cannot be found guilty of an offence.

In our experience the most common defence is that a driver was unaware that a minor incident had occurred.

Given the serious consequences that can occur from such incidents, it is vital that you take legal advice at an early stage and we are more than happy to speak to clients on a no obligation basis to advise them on the initial action that they are required to take. In order to speak to us, please contact us on (main office number – 01484 519999) (Directly 01484 468331) or email  NilsODonoghue@chadlaw.co.uk; HarveyBlake@chadlaw.co.uk.