Hit and Run or Failure to Stop at Scene of an Accident

While the crime described in this article is pretty common it still has some controversial sides and in some cases there is a possibility that it was not caused by some criminal intentions. Usually after a motor accident occurs the involved drivers must not leave the crash site, if the driver left for some reason this can be classified as hit-and-run. In the Common Law tradition hit-and-run is the crime of injuring or fatally wounding a person (pedestrian, passenger or another driver), or causing damage to personal property (motor vehicle, even a parked vehicle counts) and failing to stop and identify oneself afterwards. Generally traffic rules in all countries require the driver to stop and exchange identification and contact information with any other driver (drivers) involved in the incident. If the accident happened with a parked car or a stationary property, the driver must stop and make a reasonable effort to identify the property owner (leave a notice at the scene or write down the license plate and identify the police) and alert them about the accident. In case of injuries the driver must take reasonable steps to help any injured person, and report the incident to the police officers. In most jurisdictions this crime has severe legal consequences like the suspension or cancellation of the guilty driver's license, as well as imprisonment and even a lifetime revocation of a driver license. Like in many other vehicle related crimes, the possible punishment for hit and run directly depends on the situation and most important on the actions of the driver. But there is one big difference, while in the common accidents the guilt of the parties still has to be proven, any case where one of the drivers left the scene starts with a serious argument that literally screams – guilty. In Canada it could be punished with a prison term of up to five years. The crime itself in the Canadian Criminal Code covers more than simply car accidents and is described as following:

    “Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, a vehicle, vessel or aircraft, or in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.”

As for the controversial side, this type of crime is also widely researched by psychologist worldwide, because very often it is caused by stress of the accident and not by criminal intent of the driver. Still the defendant will need a very good lawyer and psychological proofs during the trial to convince the court that he or she left the scene because of stress and not by any other cause.

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