Failing to Stop After an Accident

Under UK law, a driver involved in a road traffic accident has a legal duty to stop and provide their details if the incident results in damage to another vehicle, property, or injury to another person.

According to Section 170 of the Road Traffic Act 1988, a driver must stop and, if requested by someone with reasonable grounds, provide certain information. This includes their name and address, the name and address of the vehicle’s owner, and the vehicle’s registration details.

Stopping after an accident means remaining at the scene long enough to exchange these details with anyone who is entitled to receive them. The information provided must be accurate so that the other party can contact the driver if necessary. Importantly, the requirement to stop applies regardless of who may have been responsible for the accident. Leaving the scene and returning later may still amount to an offence if the driver did not remain long enough to provide their details at the time.

Duty to Report an Accident

If a driver does not provide their details at the scene, they must report the incident to the police as soon as reasonably possible and in any event within 24 hours.

This report should normally be made at a police station or directly to a police officer. Simply contacting the police by telephone may not always satisfy the legal requirement.

The phrase “as soon as reasonably practicable” is important. It does not mean a driver can automatically wait up to 24 hours before reporting the incident. Instead, the accident should be reported at the earliest reasonable opportunity. Whether this requirement has been met will depend on the individual circumstances of each case.

Damage-Only Accidents

Where an accident involves damage only, the driver’s obligation is usually limited to providing their details to the owner of the damaged property or vehicle. In such situations, it may not be necessary to report the incident to the police provided the relevant information has been exchanged.

Possible Charges

Where a driver fails both to stop and to report the accident, the police may pursue charges for both offences. Of the two, failing to stop is generally regarded as the more serious.

A conviction for failing to stop or failing to report an accident can carry significant penalties. The offence can result in penalty points, fines, a driving disqualification and, in more serious cases, a maximum prison sentence of up to six months.

What the Prosecution Must Prove

To secure a conviction, the prosecution must show beyond reasonable doubt that the accident resulted in damage or injury. If there was no damage to property and no injury to any person, the legal duty to stop or report may not arise.

Possible Defences

In some cases, a defence may be available depending on the circumstances. For example, a driver may argue that they were genuinely unaware that an accident had occurred or that any damage had been caused.

Another possible defence may arise if the driver stopped at the scene but was unable to exchange details with anyone involved despite making reasonable efforts, and therefore left after waiting for a reasonable period.

Each case depends on its own facts, and the court will carefully examine the available evidence when deciding whether the legal requirements were met.