Failing to Stop or Report an Accident

Failing to stop and report accidents, often called hit-and-run incidents, can have severe consequences, ranging from five to ten penalty points, fines of up to £5,000 and, in more serious cases, a custodial sentence.

Understanding the legal obligations in the aftermath of an accident is crucial. Whether it involves injury to individuals, damage to vehicles or property damage, the law requires drivers to stop and exchange details, including names, addresses and vehicle registration, following an accident or incident. Failure to comply can result in significant penalties.

If you face charges of failing to stop, you must seek expert legal advice urgently. At Draycott Browne, our Motoring Defence Solicitors thoroughly comprehend Section 170 of the Road Traffic Act 1988, which outlines the offence of failing to stop at the scene of an accident. We excel in providing legal representation during police investigations, ensuring clients are well-equipped to navigate the complexities of voluntary interviews and any subsequent legal proceedings.

What constitutes failing to stop?

Section 170 of the Road Traffic Act 1988 outlines the guidelines that motorists are bound to follow in the event of an accident.  If, while driving a vehicle, you find yourself in an accident that results in injury to someone else or damage to property, you must ensure that you:

1. Stop your vehicle at the scene of the accident
2. Give your personal details to any relevant individual
3. Report to police – if, at the time of stopping your vehicle, you cannot provide your details to the relevant person (perhaps because there is no one else there at the time), you must promptly report the accident to the police; this must be done as soon as reasonably possible and within a maximum of 24 hours

If you fail to comply with these obligations, you commit an offence under Section 170(2) of the Road Traffic Act 1988. If you stop but refuse to share your details with the other party, it remains an offence under the same section. In situations where no one else is present, failing to promptly report the accident to the police is an offence under Section 170(3) of the Road Traffic Act 1988. To avoid charges of failing to stop or failure to report in the aftermath of a road traffic accident, it’s vital that every driver understands these requirements and adheres to them. If you find yourself being charged with failing to stop, you must seek expert legal advice as quickly as possible to safeguard your legal interests and begin to work out the best way to build a legal defence.

What are the penalties for failing to stop?

The potential penalties for failure to stop and report an accident can be severe. They range from a minimum of five points on your licence, potentially up to ten, a fine, and depending on the seriousness of the accident or the extent of the damage, you may also face a custodial sentence.

If you already have points on your licence, being given further points for failure to stop could also put you at risk of a ban.

There are other factors that a court will consider that will have a bearing on the penalties you face, including:

• Whether you are also suspected of drink driving or drug driving
• Your willingness at the time to comply with your obligations
• Whether you committed the offence to avoid arrest for another offence (such as fleeing the scene of a different crime)
• Whether there was other evidence of bad driving in general

At Draycott Browne Solicitors, we recognise the gravity of these consequences and the potential impact on your life, and we are well-placed to assess your case and build a defence strategy tailored to your particular circumstances. We pride ourselves on our diligent examination of the evidence against you, and we will provide you with comprehensive and skilful advice and representation throughout the legal process.

How is a charge of failing to stop defended?

When it comes to failure to stop or report offences, understanding your defences is crucial, but accusations of this nature revolve around facts rather than technicalities. In any criminal case, the burden of proof rests with the prosecution, whose task is to provide corroborated evidence that demonstrates both the damage or injury caused by the accident and that the accused is the one who committed the offence.

One potential defence arises when, on stopping after an accident, a driver is faced with aggressive or threatening behaviour from the other party. If they become verbally or physically abusive, it could be argued that, due to the other party's road rage, it was not safe to provide personal details at that moment. However, the obligation to report the accident to the police within 24 hours would remain in line with Section 170 of the Road Traffic Act 1988.

Another defence we often see is where a driver is genuinely unaware of the accident or the resulting damage. It is a valid argument if the driver stops after suspecting an accident but determines that no damage occurred after inspecting the vehicle and any property that may have been involved. Even if it later transpires that some damage was caused, the charge could be contested if the accident is minor, or the damage is difficult to see.

 If you believe that you’ve been unfairly charged with failing to stop after an accident, or you’re facing changes and want to discuss your defence options, contact us today, and we can help you to decide on the best way forward. The defences available to you will depend on your case’s specific facts and circumstances, but if you talk to us, we can make an informed judgement about the best approach for you.

Why choose Draycott Browne?

At Draycott Browne, our motoring defence team has unparalleled expertise in road traffic law; our meticulous scrutiny of all available evidence, tenacious approach and commitment to fair trial principles set us apart. We will fight tirelessly on your behalf to secure the best possible outcomes for clients facing failure to stop allegations.

Contact us today for a free, no-obligation consultation to discuss your circumstances and let us guide you through the complexities of failure to stop and report accident cases.

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