ADULTING 101: As a driver, what are you legally required to do when you get into an accident?
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In the course of commuting as part of our daily lives, we tend to take for granted the fact that our journey will be accident free and smooth. At some point, an accident may occur, where we are either involved as a driver, or a pedestrian. Especially when it is our first accident, it would be useful to have a clear idea of the steps we must take as drivers.
In this article, we set out the obligations of a driver of a motor vehicle involved in a road accident under the Road Traffic Act 1961, and also some practical advice.
The types of accidents have been broadly classified into the following types:
In this article, we set out the obligations of a driver of a motor vehicle involved in a road accident under the Road Traffic Act 1961, and also some practical advice.
The types of accidents have been broadly classified into the following types:
- Accidents where damage / injury / death has been caused to the other party; and
- Accidents where there is injury / death caused to any animal.
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Accidents where damage / injury / death has been caused to the other party
Your vehicle has, unfortunately, come into contact with another vehicle/person/ party.
The first thing to do is to stop your vehicle.
Second, if there is anyone at the scene of the accident requesting for your particulars who has good reason to do so, you must provide your particulars, for example the driver of the other vehicle. Otherwise, you will need make efforts to inform the owner of the vehicle the damage / injury caused as well as to provide your particulars to the owner of the damaged vehicle. An important reason for this requirement is because the driver of the other vehicle may not always be the owner.
Particulars here mean your name and address (as the driver), and the owner of the motor vehicle’s name and address (if different from driver), and the car plate of the vehicle you are driving.
You will need to report the accident to the police within 24 hours as well - unless
Your vehicle has, unfortunately, come into contact with another vehicle/person/ party.
The first thing to do is to stop your vehicle.
Second, if there is anyone at the scene of the accident requesting for your particulars who has good reason to do so, you must provide your particulars, for example the driver of the other vehicle. Otherwise, you will need make efforts to inform the owner of the vehicle the damage / injury caused as well as to provide your particulars to the owner of the damaged vehicle. An important reason for this requirement is because the driver of the other vehicle may not always be the owner.
Particulars here mean your name and address (as the driver), and the owner of the motor vehicle’s name and address (if different from driver), and the car plate of the vehicle you are driving.
You will need to report the accident to the police within 24 hours as well - unless
- you have already provided your particulars to the person at the scene of the accident (as stated earlier), or
- the owner of the damaged vehicle has already contacted you.
If there is serious injury / serious damage / death caused, then you do have to take the additional steps explained in the paragraphs below.
You will need to render any assistance that may be required by the police or in your power that you can do so.
In additon - you will also not be allowed to move your vehicle, unless the police have authorised you to do so, so as not to alter evidence, with the exception of:
You will need to render any assistance that may be required by the police or in your power that you can do so.
In additon - you will also not be allowed to move your vehicle, unless the police have authorised you to do so, so as not to alter evidence, with the exception of:
- A vehicle being moved to extricate persons / animals involved; or to prevent fire / damage / obstruction to the public; and
- Goods / baggage may be removed from a vehicle under police supervision.
- Any urgent necessity to remove any seriously injured persons to hospital, and there is no other way to convey the injured person other than the vehicle involved in the accident.
Accidents where death / injury is caused to an animal
Your vehicle has come into contact with an animal on the road.
You must stop if
(a) the animal has an owner, or
(b) the presence of the injured / dead animal is likely to pose a safety hazard to other road users.
If the above applies, then you must also:
Your vehicle has come into contact with an animal on the road.
You must stop if
(a) the animal has an owner, or
(b) the presence of the injured / dead animal is likely to pose a safety hazard to other road users.
If the above applies, then you must also:
- Provide your particulars to:
(a) Any person at the scene of the accident, who has reason to ask for it; or
(b) The owner of the injured / dead animal. - If the dead / injured animal is likely to pose a safety hazard - you must take steps to alert other road users of the obstruction and inform the police of such an obstruction.
Other practical steps to take
Apart from steps you are required to take by law, the following are also practical steps you should consider taking while on the scene:
Apart from steps you are required to take by law, the following are also practical steps you should consider taking while on the scene:
- Immediately record the vehicle plate number of the other party involved (as applicable).
- Keep records of your in-car camera footage of the accident.
- Take photographs/videos of the damage / injury caused.
- Try to take down the particulars of willing witnesses, if possible.
- If you have suffered damage to your motor vehicle, go to your workshop as soon as possible.
- If you feel unwell, do see a doctor as soon as possible.
With the knowledge above, you should be one step closer to adulting success!
