Leaving the scene of a traffic accident in which you are involved can, under certain circumstances, be seen as a crime, as determined by Section 7 of the Road Traffic Act 1994<\/a>.<\/p>\n\n Something can be classified as a traffic accident in four cases:<\/p>\n\n When you are involved in one of the aforementioned situations, you may not leave the scene of the accident if someone was killed or injured as a result of this accident. Also, when damage has been caused \u2013 usually to an involved vehicle \u2013 it is forbidden to simply drive away. Finally, the scene of the accident may not be left if someone \u2013 who has suffered injury as a result \u2013 is left in a helpless state. <\/p>\n\n The aforementioned prohibition applies to those involved in a traffic accident. This therefore does not only apply to the person who is (under civil law) liable for causing the traffic accident. It is also forbidden for other persons physically involved in the traffic accident to leave the scene of the accident. <\/p>\n\n The prohibition expires the moment you have offered a proper opportunity to establish your identity, as well as the identity of your vehicle. So, if you accidentally hit a parked car, you do not have to stay there until the owner of that car appears. You fulfill your duty if, for example, you leave a note with your personal and contact details. This is so that all matters regarding insurance and liability can be resolved at a later time. <\/p>\n\n If you, as an involved party, leave the scene of a traffic accident without providing the opportunity to make your identity known, that does not yet mean you are irreversibly guilty of this crime. The Road Traffic Act provides for a voluntary disclosure provision (Section 184 WVW 1994). This provision means that you are not punishable if you report yourself to the police within twelve hours after the accident. During this report, you must make your identity and the identity of your vehicle known. <\/p>\n\n The voluntary disclosure provision only applies to persons who report to the police of their own accord. If you only do so after you have been identified as a suspect or are being questioned as a suspect, this provision has no effect and you are still punishable. It is therefore possible that you are already identified as a suspect within the twelve hours following the traffic accident and then no longer have the opportunity to report yourself, even if that was your intention. In such a case, it is therefore important that you go to the police before the police come to you. <\/p>\n\n In the provision of Section 7 of the Road Traffic Act, it is repeatedly stated that the person involved “knows or should reasonably suspect<\/em>” that injury and\/or damage has occurred, someone has been killed, or is in a helpless state. Punishability for this fact therefore presupposes an awareness of that consequence. For a conviction, the judge must be able to determine based on the file that you knew one of these consequences had occurred, or at least should have suspected it. Whether you knew it will mainly have to appear from your own statement about it. Whether you should have suspected it, on the other hand, will be determined objectively. Particular attention is then paid to the nature and severity of the damage caused by the traffic accident. The general rule is that the greater the severity and nature of the damage, the more plausible it is that you noticed it. <\/p>\n\n However, other circumstances can also play a role in assessing whether you were aware of the damage. A criminal defense lawyer can analyze your case to extract such circumstances \u2013 working in your favor. <\/p>\n\n The penalty you receive for leaving the scene of an accident is largely determined by the consequences that this traffic accident brought about. Leaving the scene of an accident where damage occurred carries a maximum prison sentence of three months or a third-category fine (\u20ac6,700). The maximum penalties for leaving the scene of an accident where someone is injured or dies, or is left in a helpless state, are significantly higher. In the worst case, you could receive a prison sentence of one year or a fourth-category fine (\u20ac16,700). <\/p>\n\n In addition to the statutory maximums, the Public Prosecution Service also has guidelines for leaving the scene of an accident. These range from relatively low fines for cases with only minor material damage, to several months in prison and long disqualifications from driving for cases where someone is left in a helpless state. <\/p>\n\n When you are suspected of leaving the scene of an accident, it is important to enlist the help of a criminal defense lawyer. The question of whether and to what extent you are punishable depends largely on the way your behavior after a traffic accident is assessed. A criminal defense lawyer with in-depth knowledge of traffic criminal law<\/a> and all relevant case law can assist you in the case and help with the correct framing of the situation. This can, first of all, make the difference in the question of whether you are guilty of this crime, but also for what sentence you should receive if you are found guilty. Feel free to contact us<\/a>. <\/p>\n","protected":false},"parent":5523,"menu_order":0,"template":"","class_list":["post-5378","expertise","type-expertise","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5378","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise"}],"about":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/types\/expertise"}],"up":[{"embeddable":true,"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5523"}],"wp:attachment":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/media?parent=5378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
Can you still report yourself later?<\/h2>\n\n
What if you didn’t realize there was an accident?<\/h2>\n\n
What penalties can you get for leaving the scene of an accident?<\/h2>\n\n
Why do you need a criminal law attorney?<\/h2>\n\n