Duties in the event of a road accident

Duties in the event of a road accident

 "I collided slightly with another vehicle that came to a sudden stop in front of me. The driver suffered only minor scratches and there was little material damage to either of our cars. Claiming to be in a hurry, the driver quickly left the scene and the accident never happened. Should I have called the police? " 

N, Chéserex

Duties in the event of a road accident vary according to the consequences.

If the accident has only caused material damage, the Road Traffic Act only requires the perpetrator to report the accident immediately to the injured party, at the very least leaving his or her name and address. Only if this is not possible must the police be notified. When the injured party is present, the parties are free to draw up an amicable report and only the injured party has the prerogative to call the police. If this is the case, the person responsible has no choice but to remain at the scene.

The situation is different if someone is injured, or even killed. The threshold at which bodily injury actually occurs is very low and does not depend on whether medical treatment is required. Simple abrasions or scratches can qualify as injuries, depending on the circumstances. Caution should therefore be exercised in cases of uncertainty.

In the latter case, the duty is to ensure the safety of traffic, to help the injured party as far as possible and to notify the police. The person responsible for the accident may be exempted from this last obligation if the injuries sustained are superficial, but he or she will still have to give the injured party his or her contact details, provided the latter is in a position to record them. Particular attention should therefore be paid to the injured party's condition, in particular their age or any difficulty they may have in understanding the situation, which may be the result of shock or simply stress. When the police are notified, the people involved are not allowed to leave the scene without their agreement, as they are required to take part in the reconstruction of the events.

The distinction between the two hypotheses is of considerable importance: the person who violates his or her duties in the event of an accident may be punished by a fine, but if he or she flees after killing or injuring someone, he or she risks up to three years' imprisonment.

In this case, it is not clear who was responsible for the accident you describe: did you lose control of your vehicle or did your protagonist brake unexpectedly? Were you injured and do you consider that he fled the scene? If not, and you agreed that the damage and scratches were insignificant, you were under no obligation to call the police, who would probably only have been able to impose a penalty on one or both of you...