COLLISIONS KNOW YOUR RIGHTS
In this month’s edition we look at the topic of collisions. None of us want to be involved in a collision, but sadly they are an inevitable hazard of driving on the road, a risk which is naturally increased for professional drivers. So here we will focus on exactly what you need to do to satisfy your legal burdens.
Please note that in this article we only discuss your legal obligations with the police and the other party, rather than any obligations you may have with your licensing authority.
What do I have to do if I’m involved in a collision?
The first thing you must do is stop at the scene and exchange details with the other party, whether it is your fault or not.
s.170 of the Road Traffic Act makes it clear that if you cause damage/injury to any person or property, you must provide your name, your address, the vehicle registration mark, the owner’s details and where injury is caused your insurance details, to any person who might reasonably require them.
If I exchange details, is that the end of the matter?
Not necessarily. Firstly, your insurance company is likely to get involved with the other party’s insurance company. The insurance companies will then discuss between themselves as to any damages and compensation that there might be.
As far as the police are concerned, they will firstly investigate and afterwards they may charge the driver with either driving without due care and attention or dangerous driving, depending on the severity. If they consider that the driver was at fault for the collision, but the matter is very minor and all details have been exchanged, a lot of the time the police will close the investigation without taking any action.
However, if they decide to prosecute the driver it doesn’t automatically mean it will go to court. For minor cases the police can offer a fixed penalty of 3 points and a £100 fine, or alternatively a driver improvement course as an alternative to prosecution. It is worth noting however that if you accept a fixed penalty or attend the course you are accepting fault, which could potentially prevent you from disputing any insurance claim.
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If it is more serious than that, or if injury has been caused, the police could prosecute for:
• Driving without due care and attention (careless driving). This is an offence under s.3 Road Traffic Act 1988 and is committed where the standard of driving falls below that of a careful and competent driver in the circumstances. On conviction at court, this carries 3-9 points or a disqualification, and financial penalties.
• Causing Serious Injury by Careless Driving: s. 2C RTA. This is where the standard falls below what’s expected AND serious injury is caused. Serious injury is defined the same way as grievous bodily harm – so for example broken bones would be ‘serious’. On conviction at court this carries a minimum 12-month ban, financial penalties, community orders (e.g. unpaid work or a tag/curfew) and in serious cases, prison.
• Dangerous Driving. This is an offence under s.2 RTA and is committed where the standard of driving falls far below what is expected and the driving is obviously dangerous. On conviction this carries a minimum 12-month ban an extended retest, financial penalties, and in serious cases a community order (e.g. unpaid work) or prison.
• Causing Serious Injury by Dangerous Driving. This is under s.1A RTA and is where both the driving is dangerous (as above) AND serious injury is caused (as above). On conviction this carries a minimum 2-year ban with an extended retest, financial penalties and in most cases, prison.
What happens if I dispute fault?
Firstly, the police will investigate who they believe is at fault. If they are accusing you of being in the wrong and you dispute that, then the chances are you’re going to have to challenge the case in court.
If the police offered a fixed penalty or a course, you would have to reject that offer and take the case to court. Of course, in serious cases where the police take the matter straight to court, that decision is made for you.
Then at court you would plead not guilty and the case would be listed for a trial. We always strongly recom- mend hiring a specialist lawyer to represent you at that trial. It is rarely something you can do on your own.
Separately, you are going to have to contend with the insurance company. Just because you have been found not guilty at court or if the police decided not
SEPTEMBER 2024 PHTM
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