Flashcards in Accidents And Collisions Deck (51):
Can you ever have a reportable accident in private premises?
No must be a road or public place.
I am driving along the road and i crash my car into a lamppost. Percy is hurt as am i. There is no damage to the lamppost. Reportable accident?
No - there has not been injury to any person other than the driver or any animal not inside the vehicle or trailer.
What if i career off the road but crash into something on private land. Is it a reportable accident?
Yes - as it occurred owing to the vehicles initial presence on a road.
If only a passenger is injured, is it reportable?
Yes - any person other than the driver
Harry falls over and hurts himself on a bus due to vigorous breaking. No other vehicles were involved. Is this a reportable accident?
Yes - it has been he;d that because the driver did not adhere to their obligations thereafter (failed to stop and report) the driver committed the offence of failing to stop.
What constitutes injury for reportable accidents?
Psychological injury (shock)
A person crashes. They claim to be unaware and do not report. In court, who has the burden of proof?
Prosecution must prove accident has occurred.
Defence must prove on balance that they were unaware of the occurrence of the accident.
A driver is required to stop after an accident however drives on for 80 yards first before stopping and returning to the scene. Fail to stop?
Yes - case law with this situation.
It is a question of fact.
With regards to the second obligation to remain with the vehicle following an accident, how long must they wait?
A reasonable period of time to allow interested individuals to request information from the driver.
The driver does not need to make their own enquiries to find such interested persons.
SANDHURST was required to remain at the scene for such a time as would allow anyone having a right or reason for doing so to ask for her details.
What information must be provided at an accident?
Drivers name and address
Name and address of owner of the vehicle
Identification mark of vehicle
And if it is injury:
No offence is the driver was not asked to provide the info.
There has been an accident involving injury. The victim does not ask me for my insurance details. Do i commit an offence if I don’t give them it?
No - only if they ask and I don’t.
I could give my solicotr address.
When must a driver report an accident?
Asap and in any case within 24 hours (must still be asap) to either a police officer or police station.
Can you report an accident by calling 101?
No - must be in person.
Chris tells me in confidence that he has had a crash. Has he fulfilled his requirements of reporting an accident?
No - it has been held if a driver informally tells a police officer who is their friend what has happened in confidence, they commit the offence
Lucy has a car crash. Police attend. Does she still have to report the accident?
Yes - even if the police attend and/or she has been hospitalised, she must still report.
If someone fails to report an accident to avoid being breathalysed, is it pervert the course of justice/
No as it requires a positive act
If someone runs over a cat, is it a reportable accident?
We know that if someone is involved in an injury accident, they must provide details of their insurance company. Does this include producing their insurance certificate?
If a driver is involved in an accident where injury is caused to another person, he or she must, at the time of the accident, produce a certificate of insurance to a constable "or" any person having reasonable grounds for requiring it (s. 170(5) of the Road Traffic Act 1988)
If the driver does not produce his or her insurance certificate as required, he or she "must" report the accident to the police "and" produce an insurance certificate as soon as practicable, and in any case within 24 hours
Causing damage to a bicycle. Does this constitute a reportable accident?
One of the ways in which a reportable accident occurs is when owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs whereby damage is caused to any other ‘vehicle’. The ‘vehicle’ does not have to be mechanically propelled.
If a passenger lets the handbrake off and it causes an accident, would they have an obligation to report themselves?
No still the driver only
If an invalid carriage driver has an accident which causes another injury, do they need to produce an insurance certificate?
s. 170(5) of the Act specifically exempts the driver of an invalid carriage from the requirement to produce a certificate of insurance, even where the accident involved an injury
If i clip a skip when I’m driving and cause damage to it. Is it reportable if it was on the road?
Even though the skip was damaged, it does not amount to ‘property constructed on, fixed to, growing in or otherwise forming part of the land’ and there is no need to report the accident, regardless of who was to blame
If someone has a crash on a electronically assisted pedal cycle in circumstances that would be a reportable accident, is it a reportable accident?
No - an electronically assisted pedal cycle is not a MPV
If a car damages grass next to a road, is it a reportable accident?
damage is caused to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land, there will be a requirement on the driver to stop and report the accident.
Do you still need to report an accident if you have complied with everything required of you at the scene?
DEW has done everything that has been requested of him at the scene and as a result there is no need for him to report the accident to the police. This is the case even if the injuries are serious,
What is the important thing to remember about invalid carriages and accidents?
They must still stop and still report however they do not have to produce a certificate of insurance even where the accident involved an injury.
Is it a reportable accident if it involves an electrically assisted pedal cycle?
It is not an MPV
If i open my car door with the engine off and take out a bicycle, no injury caused but damage to bike. Is it a reportable accident?
Accident has occurred OWING TO THE PRESENCE of an MPV on a road and it has caused damage. Does not have to be driving.
Can you commit dangerous, careless or inconsiderate cycling in a public place such as a park?
No it must be on a road.
If someone fully complies with their obligations at the scene of an accident, do they still need to report it to police?
Once details have been exchanged there is no obligation to remain or report to police.
Is hitting a goose a reportable accident?
If you hit a goat is it a reportable accident?
If i park up and wind causes it to move later, do i have to report it as an accident if it causes damage to another car?
No as i am not in the course of completing my journey or in the car.
If i am dropping papers off on a paper round and leave my car with the engine off but hazard lights on and the car moves in the wind and hits another car, is it a reportable accident?
Yes although a break in driving, i was still making a journey evident by hazard lights indicating an intention to return. You remain a driver until you finish the journey.
Accident with a foal. Reportable?
Yes foal is a horse.
If I collide with traffic cones in the road, is it a reportable accident?
No - they are not property constructed on or fixed to the land.
If i crash into a skip on a road, is it reportable if the skip is damaged?
No as is not property constructed on, fixed to, growing in or otherwise forming part of the land.
Grass growing next to the road is damaged. Reportable accident?
If i crash into a trailer parked on the side of the road not attached to anything, is it a vehicle and therefore reportable?
Is failing to produce your insurance certificate to a police officer an offence?
Yes but no offence committed if it is produced within 7 days
In proving an offence, do we have to prove that the driver was aware of the accident?
It is up for them to raise a defence that they were not aware.
Can the driver rely on the fact that they were drunk as the reason why they are not aware of the accident if it is honestly held?
What details must the driver at a damage only collision provide if asked?
1. His/her name and address
2. The name and address of the owner
3. The ID mark on the vehicle
Failure to provide these is an offence.
Failure to provide these means that the driver must report the accident.
Damage only RTC. Driver 2 asks for driver 1’s name and address only which driver 1 passes. Does driver 1 now need to report the accident?
They only need t report if they do not provide their name and address.
Damage only RTC and driver 2 asks driver 1 for their ID mark and name. Driver 1 passes this and leaves. Does driver 1 have to now report it?
Yes because they didn’t give their address. If no name or address, they must report.
If I fail to provide details at an RTC with an OCG member after he asks for my name and address, have I committed an offence?
If I fail to provide name and address, I must also report.
What details must be provided at an injury accident?
1. Name and address
2. Name and address of owner
3. ID mark
4. Insurance details
When must the driver of an injury RTC report an accident?
If they fail to provide name and address as well as their insurance details to the other driver.
Is FTS a summary offence?
If someone has a crash with a pedestrian whilst riding an electronically assisted pedal cycle, is this a reportable accident?
This is not an MPV therefore regardless of injury or damage, there is no duty to report etc.