In this article
In 2019 in the UK alone, there were 3,369 cases of failing to stop at the scene of an accident. Failing to stop can result in a broad range of consequences.
In this article, we’ll cover all you need to know about the offence, including its definition, penalties and potential consequences.
If you have a case that you need help with, contact our team via 0203 007 5500, or [email protected].
What is failing to stop after an accident?
Failing to stop after an accident is when the driver of a vehicle causes damage to something and, despite knowing this, fails to stop at the scene. Many people also refer to it as a hit-and-run.
If the driver fails to stop or provide necessary details before leaving, this will come under ‘failing to stop’ and is a criminal offence.
By law, you are required to stop and provide details to anyone involved in the incident.
These details include:
- The driver’s name and address
- The vehicle owner’s name and address
- The vehicle’s registration
Failure to provide these details after an incident is an offence.
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What are the possible penalties for failure to stop?
Being involved in a hit-and-run and not reporting it within 24 hours is a criminal offence. If you are facing a hit-and-run accusation, you can receive a jail sentence of up to 6 months, as well as a maximum penalty of up to £5,000 and 5-10 driving license points.
Mitigating Factors:
- Good driving record
- Road/traffic conditions
- In an emergency
- No realisation of the accident
Aggravating Factors:
- If the driver is under the influence of drugs or alcohol
- Evidence of reckless/dangerous driving
- Knowing of harm and still leaving
- Driving with no license/insurance
Remember...
If you are involved in a hit-and-run accident, whether you have been hit or have hit someone, you must report it as soon as possible to avoid any criminal charges. You should report these accidents to the emergency services via 101.
Notable cases
Pierce Whelan:
In June 2021, 35-year-old Pierce Whelan admitted to killing Nawelle Tina Ormerod in a hit-and-run. Nawelle was hit by Pierce’s Peugeot 406 in Coventry.
Pierce Whelan will face the Warwick Crown Court in February 2023 and is facing charges of failing to stop after an accident. This case is currently regarded as one of the worst hit-and-run cases in recent memory.
Sean Coates:
On 30 May 2021, Sean Coates attempted to overtake a slow-moving vehicle and, in doing so, failed to see a motorcycle with 2 passengers, resulting in him knocking them both off.
The 2 passengers were Stacey and her husband. After Coates hit them, he failed to stop at the scene and made no attempts to call emergency services. Stacey passed away later that day.
As a result of his actions, Sean Coates received a 2-year and 10-week driving ban and was also sentenced to 6 months in prison.
Frequently asked questions
We hope to clarify some of the commonly asked questions on failing to stop below.
1. Is failing to stop the same as failing to report?
No, but they are linked. If you fail to stop, you can still report the incident. If you do not report the incident at all, you can face a criminal offence.
2. What should I do if I panicked and drove away from the scene?
In this scenario, you should contact the police via 101 and report the accident.
3. What are effective mitigating circumstances for failing to stop after an accident?
If the accident happened and you were unable to witness anything, this may be a defence line helpful to you. But most actions for defence depend on the situation at the incident.
4. How do I know when to report or stop at an accident?
You should stop if you have taken part in or seen the accident. If you caused the incident and know of any damage or harm, you should stop immediately to provide the details mentioned above.
5. What if I only clipped a wing mirror and didn’t stop?
In this scenario, leave your details with the owner of the car. If the car owner isn’t around or you are unable to provide your details, dial 101 to report the incident.
6. Is failing to stop for a police officer the same offence?
No, it is not. You can find all the relevant information by visiting our failing to stop for police blog here.
How can Britton and Time Solicitors help?
Failing to stop after an accident is a serious offence and is met with serious consequences. If you are facing a charge, it is important to us that you seek legal advice as soon as you can.
An experienced solicitor will be able to help you find the best course of action that will help you build a defence against the charge you are facing.
That’s why our initial consultations with our solicitors will offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500 or email at [email protected]
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