You can face 9 years in jail and a R180,000 fine for leaving an accident scene – here’s what to do instead
The law requires that certain procedures be followed after a driver has been involved in a road accident.
Therefore it is a good idea to be aware of these requirements, just in case you’re ever involved in a collision says Kirstie Haslam, partner at DSC Attorneys – a firm that specialises in road accident claims.
According to Haslam, in South Africa a driver involved in a road accident that seriously injures or kills anyone is required by law to: stop their vehicle, remain at the scene, assist the injured, (if relevant) and report the accident to the police.
“A driver who fails to stop their vehicle after a serious accident may be subject to a fine of up to R180,000, a prison sentence of up to nine years,” she said.
What should I do immediately after a road accident?
“If anyone had been injured, immediately call for an ambulance on 10177 and the police on 10111,” said Haslam.
She added that unless you’ve been injured and need to be taken to a hospital, you must stay at the scene and help those who have been injured.
“If you are able, write down details of the accident while you’re still at the scene,” she said. Details to note include:
- Full names, phone numbers, addresses and ID numbers of the drivers;
- Company details for any company vehicle involved;
- Names and contact details for any witnesses;
- Where and when the accident took place;
- The weather conditions;
- Vehicle descriptions and registration numbers;
- Details of police and traffic officers and ambulance personnel on the scene;
- Details of tow truck personnel.
“If possible, takes photos – and even video footage – of the scene of the accident, from multiple angles and get photos of the damage to vehicles, the surrounding area and any injuries,” she said.
“Also draw a sketch of the layout of the accident scene, with notes about orientation and the directions that vehicles and any pedestrians were heading.”
What should I not do after an accident?
Haslam noted that it is also important to avoid certain common mistakes to protect yourself legally.
These include:
- Don’t move your vehicle unless it is endangering others or you’ve been told to do so by a law enforcement officer.
- Don’t leave the scene of an accident until the police say that you may.
- Don’t discuss whose fault the accident was with anyone.
- Don’t admit liability, even inadvertently. For example, don’t say ‘I’m sorry’.
- Don’t agree to any settlement terms without first consulting an attorney.
“The police may ask you to submit to a medical examination. Don’t drink any alcohol or take any drugs that have a narcotic effect, before the examination or before reporting the accident to the police, unless instructed to do so by a doctor,” she said.
She also advised not to throw away anything that could be considered evidence, such as documents, torn or stained clothing or defective products.
Reporting a road accident to the police
According to Haslam, under the National Road Traffic Act a driver involved in a road accident that seriously injures or kills anyone must report the accident to the police within 24 hours or, if unable to do this due to injuries, as soon as is reasonably possible.
“You can make a report at the accident scene or, in person, to any police or traffic department. You’ll need to present your driver’s license when doing this,” she said.
She added that for legal purposes, you should note the name of the officer taking the report and the accident report reference number.
Haslam explained that each driver and pedestrian who reports a road accident must complete an official Accident Report (AR) form. This is so that each party can give their account of the incident.
“A traffic or police offer must be prepared to assist you in completing the form. Make sure all the information you include in the form is accurate,” she said.
“Once the form is completed, an entry is made in the official Accident Register (SAPS 176). The driver or pedestrian filing the report is then given an official reference number. This is proof that the accident has been properly reported.”
“The person filing the report or another involved party can request a copy of the form but an uninvolved party will need written permission from the involved party.”
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