If you live in the UK and are a driver, rider, cyclist, or pedestrian, you must familiarise yourself with road traffic regulations, which can be found in the Road Traffic Act of 1988. The act states that if a driver is involved in an accident, they must stop, provide critical details such as contacts, and file a police report.
Understanding the Legal Framework: The Road Traffic Act 1988
The Road Traffic Act (RTA) of 1988 upholds driving regulations in the United Kingdom. It states that all parties involved in an accident ought to stop at the scene, exchange information, and, under certain conditions, involve the police.
Section 170 of the Act sets the criteria for mandatory reporting. When an individual fails to provide information within 24 hours, they must report an accident to the police. This applies if someone has been injured or sustained damages to property, such as vehicles, animals, street furniture, or even people, such as passengers, cyclists, or pedestrians.
Failure to Stop and Failure to Exchange Details
One of the most serious offences under the Road Traffic Act 1988 is the failure to stop at the scene of an accident. This offence, often referred to as “hit and run,” occurs when a driver leaves the scene without providing their details or offering assistance to anyone who may be injured.
Similarly, failing to exchange details with other parties involved in the accident is also an offence. These details typically include the driver’s name, address, vehicle registration number, and insurance information. Both offences are punishable by law and can result in significant penalties.
Offences and Penalties
If a driver fails to stop at the scene of an accident or fails to report the incident to the police within 24 hours, they may be charged with a criminal offence. The penalties for these offences can be severe, including fines, penalty points on the driver’s licence, and even disqualification from driving.
In more serious cases, particularly those involving injury or death, the driver may face imprisonment. The severity of the penalty often depends on the circumstances of the accident, the driver’s level of culpability, and whether the driver has any previous convictions.
When Must an Accident Be Reported?
If an accident results in injury to any person or damage to property, it must be reported to the police within 24 hours. This requirement applies regardless of who was at fault for the accident.
If the driver is unable to report the accident themselves (for example, if they are injured), they must ensure that someone else reports it on their behalf. Failure to do so can result in legal consequences, even if the driver was not at fault for the accident.
Failing to Report an Accident Within 24 Hours
If a driver fails to report an accident within the 24-hour window, they may be charged with an offence under the Road Traffic Act 1988. It is a strict liability offence, meaning that the driver’s intent or awareness of the accident is not relevant.
Even if the driver was unaware that an accident had occurred, they can still be charged if it is proven that they were involved. Not meeting these requirements may lead to some form of penalties, even for drivers who were not at fault for an accident.
Penalties for Failure to Stop or Report an Accident
Failure to stop or report an accident may result in serious penalties. Drivers found guilty of these offences are likely to incur penalties of up to £5,000 fine, loss of driving license, or worse, a driving suspension. In accidents involving grievous bodily harm or death, the driver may be sentenced to prison.
If you fail to report an accident to the police within 24 hours, you could receive 5-10 points on your licence, a fine of up to £5,000, and a possible ban. Therefore, you must report the accident to the police within 24 hours.
Each court considers several factors when deciding appropriate penalties. These include the driver’s aspect of blame, the gravity of the accident, and other earlier convictions.
Sentencing Guidelines for Failure to Report an Accident
The Sentencing Council provides guidelines for courts to use when determining the appropriate penalty for failing to report an accident. These guidelines consider the seriousness of the offence, the harm caused, and the driver’s culpability.
For example, if the accident caused minor damage and the driver attempted to report it, the court may impose a lesser penalty. However, suppose the accident caused serious injury or death and the driver did not attempt to stop or report it. In that case, the court is likely to impose a more severe penalty, including a custodial sentence.
Reasons Why Someone May Not Report An Accident On Time
There are certain circumstances where a driver may have a valid reason for not reporting an accident within 24 hours. These include:
- Lack of Awareness: The court may consider the driver’s genuine unawareness that an accident had occurred. Suppose the driver had no idea that their vehicle had crashed into another vehicle or object and subsequently did not report the accident. In that case, such road traffic accident claims may be excused.
- Emergency Situations: If the driver was involved in an emergency that prevented them from reporting the accident, this may also be considered a mitigating factor. For instance, if the driver were hurt and went for some medical attention, it would not be possible for them to report the accident within the stipulated time.
- Attempt to Report: If the driver attempted to report the accident but was unable to (for example, due to a lack of phone signal or access to a police station), the court may take this into account.
- No Legal Obligation: In some cases, the driver may not be legally required to report the accident. For example, if the accident did not result in injury or damage to property, the driver may not be required to report it to the police.
What If I Didn’t Realise an Accident Had Occurred?
If you were unaware that an accident had occurred, you may still be charged with failing to report it. However, if you present proof suggesting that you did not know of the event taking place, then the court might consider this. For instance, if you did not sense or hear the crash, or if you were in a position where you could not see the aftermath, then these factors could lessen your blame.
Contact a Claims Management Company
If you have been charged with failing to report an accident, it is important to seek advice as soon as possible from Instant Assist via 02030264595. A claims management company specialising in road traffic law can help you understand your rights and obligations and can represent you in court if necessary. They can also help you to gather evidence to support your case, such as witness statements or CCTV footage, and can advise you on the best course of action to take.
Conclusion
In the UK, the legal obligations surrounding road traffic accidents are clear: Drivers must stop at the scene, exchange details with other parties, and report the incident to the police within 24 hours if required. Failure to comply can result in serious legal consequences, including fines, penalty points, a driving ban, and even imprisonment.
