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Attempt to leave scene of car accident

  • 16-01-2020 3:03pm
    #1
    Registered Users Posts: 3,029 ✭✭✭


    I'm wondering if it is illegal, should you come upon the scene of car accident and the person who has caused the accident, and has seriously injured a third party, is attempting to drive away?

    Or is it just a really really lousy thing to try to do.


Comments

  • Posts: 3,689 ✭✭✭ [Deleted User]


    Both.


  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    Both.

    Really? I'm surprised. I can only find reference to people who have actually committed a hit and run.
    Nothing on people who are trying to drive away before somebody arrives on the scene. (E.g. Their car too badly damaged).

    Interesting assuming you're correct.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    I've had 4 hit and runs at work driving around Dublin and outskirts.

    I had a guy hit me in my car and he did drive of but a man in a Mercedes went up the road and pulled across in front of him so he ended up stopping and stayed in the van for 15 minutes before getting out.


  • Registered Users, Registered Users 2 Posts: 36,463 ✭✭✭✭BorneTobyWilde


    Call me Al wrote: »
    I'm wondering if it is illegal, should you come upon the scene of car accident and the person who has caused the accident, and has seriously injured a third party, is attempting to drive away?

    Or is it just a really really lousy thing to try to do.


    Is it illegal to come upon a scene of a car accident? You make no sense.


  • Registered Users, Registered Users 2 Posts: 36,463 ✭✭✭✭BorneTobyWilde


    Call me Al wrote: »
    Really? I'm surprised. I can only find reference to people who have actually committed a hit and run.
    Nothing on people who are trying to drive away before somebody arrives on the scene. (E.g. Their car too badly damaged).

    Interesting assuming you're correct.


    You're taking the words '' hit and run'' literally . Driving away is called a hit and run, you don't have to run away, geez


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  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    Is it illegal to come upon a scene of a car accident? You make no sense.

    I think it makes perfect sense.
    You come around a corner and you discover an accident has taken place.


  • Registered Users, Registered Users 2 Posts: 5,657 ✭✭✭CalamariFritti


    Back home (Germany) it is actually a criminal offence to not provide help. That’s why first aid is part of your driving test.
    You come across an accident with injuries and chose not to help and call ambulance and police you could go to jail for it. If caught you probably will.
    That’s not saying people aren’t doing it anyway.


  • Registered Users, Registered Users 2 Posts: 1,652 ✭✭✭wench




  • Registered Users, Registered Users 2 Posts: 5,657 ✭✭✭CalamariFritti


    Hold on are you asking in the context of the person who caused the accident? Dear me.
    You are wondering if that is illegal?
    How could it not be?


  • Registered Users, Registered Users 2 Posts: 27,253 ✭✭✭✭GreeBo


    Call me Al wrote: »
    I think it makes perfect sense.
    You come around a corner and you discover an accident has taken place.

    Your OP is not clear as to what you are asking.
    You are mixing multiple scenarios.

    It seems you are saying is it illegal for Person C to do nothing if they arrive on the scene of an accident between Person A and Person B where Person B is trying to run away.


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  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    Hold on are you asking in the context of the person who caused the accident? Dear me.
    You are wondering if that is illegal?
    How could it not be?
    Illegal? That's why I'm asking.... I've never heard of anyone being charged with it.
    How could it not be illegal? Because they are still there, albeit that they don't want to help and are now only staying because someone came along.
    And yes, I'm asking in the context of the person who has caused the accident.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Call me Al wrote: »
    I think it makes perfect sense.
    You come around a corner and you discover an accident has taken place.

    What your saying is not clear, there's a difference between the actual vehicles involved and discovering an accident has taken place.

    Only the vehicles actually involved must stay.


  • Registered Users, Registered Users 2 Posts: 10,824 ✭✭✭✭28064212


    It's illegal to leave the scene of an accident you were involved in. It's not illegal to consider leaving the scene and then changing your mind. The presence of a third party has no bearing on it

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  • Posts: 7,712 ✭✭✭ [Deleted User]


    Back home (Germany) it is actually a criminal offence to not provide help. That’s why first aid is part of your driving test.
    You come across an accident with injuries and chose not to help and call ambulance and police you could go to jail for it. If caught you probably will.
    That’s not saying people aren’t doing it anyway.

    Too many scams these days to ever stop and help here unfortunately. Maybe Germany is better at punishing these people.


  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    GreeBo wrote: »
    Your OP is not clear as to what you are asking.
    You are mixing multiple scenarios.

    It seems you are saying is it illegal for Person C to do nothing if they arrive on the scene of an accident between Person A and Person B where Person B is trying to run away.
    I mean it in the context of person C discovering an accident caused by person/driver A causing injuries to person/pedestrian B.
    Person/driver A is attempting to drive away.

    Person C stops to help.


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    Not a legal person, but I think the crime is only if they actually leave. While you may think someone was "attempting to drive away", until they actually disappear they could always claim they were just moving the car, or going to get help, or some other bs.

    I'd give a statement to the gardaí about what you saw (arrived after an accident had taken place, and the driver of the white car was in behind the wheel, and the car was heading in x direction). But the likelihood is that they won't be charged with leaving the scene, as your presence essentially stopped them from doing so, and you can't be charged with "thinking about it" (otherwise I'd be had up for "thinking of giving that guy a kick up the arse" on a regular basis).


  • Posts: 7,712 ✭✭✭ [Deleted User]


    Call me Al wrote: »
    I mean it in the context of person C discovering an accident caused by person/driver A causing injuries to person/pedestrian B.
    Person/driver A is attempting to drive away.

    Person C stops to help.

    Person A is doing something illegal by leaving whether C is there or not. C has no bearing on it.


  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    28064212 wrote: »
    It's illegal to leave the scene of an accident you were involved in. It's not illegal to consider leaving the scene and then changing your mind. The presence of a third party has no bearing on it

    Ok.
    Thank you.


  • Registered Users Posts: 3,029 ✭✭✭Call me Al


    Thoie wrote: »
    Not a legal person, but I think the crime is only if they actually leave. While you may think someone was "attempting to drive away", until they actually disappear they could always claim they were just moving the car, or going to get help, or some other bs.

    I'd give a statement to the gardaí about what you saw (arrived after an accident had taken place, and the driver of the white car was in behind the wheel, and the car was heading in x direction). But the likelihood is that they won't be charged with leaving the scene, as your presence essentially stopped them from doing so, and you can't be charged with "thinking about it" (otherwise I'd be had up for "thinking of giving that guy a kick up the arse" on a regular basis).

    I think that's what is relevant for me. Thank you.
    The driver A may have been trying to leave, but the car wasnt really driveable, and A had no choice but to stop when C (me) arrived alongside them.
    But thinking about it isn't illegal.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    "Failure to remain at the scene of an accident" IIRC is what they usually refer to it as.

    It will depend on what a Garda thinks. If the guy is trying and failing to make his car move again, then he hasn't left the scene of the accident. If he runs but someone grabs him, then he also hasn't left the scene. But the fact that he tried to leave will usually be brought up in court, either in a criminal or civil case.

    If he legs it off 200m around the corner and hides in a bush before being found, then he can be charged with a crime.


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  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Taxi hit me and as the Garda station was 150 metres away I said I'm not hanging around for over an hour for them to come out as believe me it's happened and left waiting.

    I had it all on dash cam, even showed the other driver he was in the wrong and he still was screaming it was my fault.

    I told where I was going to report it.

    He was still on the road 1hr 30 minutes later.

    I was back in to produce licence and insurance and happened to meet the Gaurd from that day. He told me the other fella came in screaming and abusive and they told him to leave and come back the next day when he calmed down.

    The insurance company paid out in a couple of weeks as the evidence showed what he done and if I hadn't the camera I would have been found at fault as he set it up that I hit from the rear.

    Funny he didn't change his answer even when I had shown him the camera and footage as I uploaded onto my phone straight away.


  • Registered Users, Registered Users 2 Posts: 17,157 ✭✭✭✭Sleeper12


    Call me Al wrote:
    I think it makes perfect sense. You come around a corner and you discover an accident has taken place.


    It's obviously not illegal to come upon the scene of an accident. This is the question being asked & made no sense to me. No offence intended to the OP.

    I assumed he intended to ask was it illegal to leave the scene of an accident rather than is it illegal to discover an accident


  • Registered Users, Registered Users 2 Posts: 27,253 ✭✭✭✭GreeBo


    Call me Al wrote: »
    I mean it in the context of person C discovering an accident caused by person/driver A causing injuries to person/pedestrian B.
    Person/driver A is attempting to drive away.

    Person C stops to help.

    Person C is not involved in the incident has no right to prevent either A or B from leaving. Doing so could open Person C to claims of false imprisonment.


  • Registered Users Posts: 1,926 ✭✭✭Reati


    Back home (Germany) it is actually a criminal offence to not provide help. That’s why first aid is part of your driving test.
    You come across an accident with injuries and chose not to help and call ambulance and police you could go to jail for it. If caught you probably will.
    That’s not saying people aren’t doing it anyway.

    Aside - It's not in Ireland. Even someone who is trained doesn't have to help (source me: a trained Emergency responder) though I don't know a single responder that wouldn't. It actually surprised me as it's part of our legal and ethics course.

    What is illegal for a trained responder is to stop at the accident with intention of assessing/helping then leave the scene without handing the patient off to an ambulance or other highing grade of care (unless the patient doesn't need it)


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    One thing that's a very bad idea is putting someone involved in the incident in your own car as there are quite a few horror stories of the fire brigade arriving and then taking the roof off as they complain of neck or back pain.


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