Failure to Stop or Report an Accident – What You Need to Know
Under the Road Traffic Act 1988, failing to stop at the scene of an accident or failing to report an accident is a criminal offence. This applies if you were involved in an incident on a road or public place where:
- Someone was injured, or
- Damage was caused to another vehicle, property, or animal.
As the driver, you have a legal obligation to take specific steps after an accident.
Your Legal Obligations
If you are involved in an accident, you must:
- Stop Your Vehicle:Â Immediately pull over at the scene.
- Provide Your Details:Â Share your name, address, and vehicle information with anyone who reasonably requires it, such as the owner of damaged property or an injured party.
- Report the Accident:Â Inform the police as soon as reasonably practicable, but no later than 24 hours after the incident.
- Provide Insurance Details: If the accident involves injury, you must give your insurance information to the injured party or the police if requested.
Failure to comply with these obligations can result in serious legal consequences.
Penalties for Failing to Stop or Report
If convicted, the penalties vary depending on the severity of the offence and the circumstances surrounding it:
- Driving Ban or Points:Â A discretionary ban of up to 6 months or 5 to 10 penalty points on your licence.
- Community Sentence:Â Unpaid work, a curfew, or other penalties.
- Custodial Sentence:Â For serious cases, especially where significant injuries occurred, up to 6 months in prison.
The court will consider factors such as your level of cooperation, the seriousness of the injuries or damage, and whether alcohol or drugs were involved.
How We Can Help
Facing an allegation of failing to stop or report an accident can be overwhelming, but we are here to support you. At TML, our experienced legal team will work tirelessly to protect your rights, your licence, and your future.
Building a Defence
We will investigate your case thoroughly, examining every detail to identify potential defences, for example:
- You Were not the Driver:Â Proving that you were not driving the vehicle at the time.
- You Complied with the Law:Â Showing that you stopped and provided details or reported the accident as required.
- You Were Unaware of the Accident:Â If you genuinely did not know a collision occurred, this could be a valid defence.
- Medical Emergency:Â A sudden and unforeseeable medical event that made stopping impossible may excuse your actions.
- Fear for Safety: If you had reasonable grounds to fear for your safety (e.g., road rage or threats), this could justify not stopping.
- Accident on Private Property:Â The law applies to public roads and places, so accidents on private property may not qualify.
We will also challenge any evidence the prosecution relies on, such as witness statements or CCTV footage, to strengthen your defence.
What Happens If You Plead Guilty?
If pleading guilty is the best option, we will help minimise the impact. Our team will:
- Collect and present mitigation evidence on your behalf, such as personal circumstances or evidence of good character.
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Highlight factors like your cooperation, clean driving record, or any steps you’ve taken to address the issue.
- Work to reduce penalties and avoid harsher outcomes like custodial sentences.
Why Choose TML?
- Unmatched Experience:Â With over 50 years of combined legal expertise, our team knows how to handle even the most complex cases.
- Thorough Investigations:Â We will secure witness statements, CCTV footage, and any other evidence to support your case.
- Client-Focused Representation:Â Whether defending the charge or mitigating penalties, we will always put your best interests first.
- Proven Results:Â Our strategies have saved countless clients from losing their licences or facing severe penalties.
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