# Failure to remain at scene of accident



## cuz (17 Jun 2018)

Hello, last night I crashed my car.  I was away from the scene when the Gardaí arrived. I returned to the scene as the recovery truck arrived. I was told that I would be charged with the above offence. What possible penalty could I expect? 
Also I wasn't breathalyzed which I thought was bizarre. I was free to leave with in the recovery truck which I also thought was strange. Could anyone explain why I wasn't breathalyzed?

Thanks


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## noproblem (17 Jun 2018)

What did you crash into? Was it another vehicle, someone's property, was damage done, had you insurance, etc, etc? Leaving the scene of an accident is/can be looked on very seriously indeed by the Gardai, Judges and all.


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## cuz (17 Jun 2018)

noproblem said:


> What did you crash into? Was it another vehicle, someone's property, was damage done, had you insurance, etc, etc? Leaving the scene of an accident is/can be looked on very seriously indeed by the Gardai, Judges and all.



A crash barrier, no damage other than the vehicle .
Insurance and NCT but no tax.


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## Palerider (17 Jun 2018)

Why did you leave your car after it struck a crash barrier, not every road has these so it must have been a major road, dual carriageway, motorway .... if so it must have caused quite a lot of people danger as they tried to get around it not expecting it to be there against the carrier, more info will get you closer to an answer.


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## noproblem (17 Jun 2018)

Could be a hefty bill for the barrier too.


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## RedOnion (17 Jun 2018)

noproblem said:


> Leaving the scene of an accident is/can be looked on very seriously indeed by the Gardai, Judges and all.


Especially if you've a history:
https://www.askaboutmoney.com/threa...fter-receiving-a-fixed-penalty-notice.202429/


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## cuz (17 Jun 2018)

Palerider said:


> Why did you leave your car after it struck a crash barrier, not every road has these so it must have been a major road, dual carriageway, motorway .... if so it must have caused quite a lot of people danger as they tried to get around it not expecting it to be there against the carrier, more info will get you closer to an answer.


 
It was a regional road. No danger caused to anyone



noproblem said:


> Could be a hefty bill for the barrier too.



Hopefully not



RedOnion said:


> Especially if you've a history:
> https://www.askaboutmoney.com/threa...fter-receiving-a-fixed-penalty-notice.202429/



Not my finest hour


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## Brendan Burgess (17 Jun 2018)

cuz said:


> Also I wasn't breathalyzed which I thought was bizarre.



Because what would the point be? If you were over the limit, you would just claim that you had gone for a drink to calm your nerves. 

Brendan


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## PaddyBloggit (17 Jun 2018)

cuz said:


> Not my finest hour



Perhaps it's time to consider buying a bike?

(Re. your query - seems strange that you are being done for failure to stay at the scence of an accident when you are the only party involved... unless the crash barrier made a complaint against you! Of course it might have nothing to do with your motoring history that they came down so hard on you.


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## odyssey06 (17 Jun 2018)

What exactly were you supposed to do or who should you have notified?
If you phoned the Gardai they would have said, was someone injured? And then you'd say no and they'd hang up.

Perhaps if the crash was at a corner, you should have left warning triangle etc?


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## Ravima (17 Jun 2018)

Was it you called the recovery truck, or the Gardai?


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## cuz (17 Jun 2018)

PaddyBloggit said:


> Perhaps it's time to consider buying a bike?
> 
> (R. your query - seems strange that you are being done for failure to stay at the scence of an accident when you are the only party involved... unless the crash barrier made a complaint against you! Of course it might have noting to do with your motoring history that they came down so hard on you.



How could they have known about the dangerous driving? They were from a different station



odyssey06 said:


> What exactly were you supposed to do or who should you have notified?
> If you phoned the Gardai they would have said, was someone injured? And then you'd say no and they'd hang up.
> 
> Perhaps if the crash was at a corner, you should have left warning triangle etc?



The car ended up on the opposite side of the road on a straight piece of road .



Ravima said:


> Was it you called the recovery truck, or the Gardai?



I did.

Will I be called into make a statement about this? How soon could I expect this to happen?


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## Jim2007 (17 Jun 2018)

cuz said:


> How could they have known about the dangerous driving? They were from a different station



This might come as a surprise, but they use computer systems just like everyone else...


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## jackswift (18 Jun 2018)

Where did you go after leaving the scene? A stroll down the road?


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## Sunny (18 Jun 2018)

Were you drinking??? No offence but I have no idea why anyone would want to offer help or advice to someone who was involved in evading a garda chase last year and has now crashed into a crash barrier and having no tax. Get off the road before you kill yourself or more importantly someone else.


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## Palerider (18 Jun 2018)

I've just read your other posts, how did you get on in Court on that occasion ?

Driving is not an automatic right, it is fantastic to be able to get in your car and go where ever you want whenever you want, that brings responsibility, something you seem to be avoiding, you share the road with others, you must have a road legal safe car, I don't want to come across as lecturing but come on Cuz, past time to get a grip.


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## cuz (18 Jun 2018)

Jim2007 said:


> This might come as a surprise, but they use computer systems just like everyone else...



Bit of a stupid question alright



Sunny said:


> Were you drinking??? No offence but I have no idea why anyone would want to offer help or advice to someone who was involved in evading a garda chase last year and has now crashed into a crash barrier and having no tax. Get off the road before you kill yourself or more importantly someone else.



No alcohol consumed. 



Palerider said:


> I've just read your other posts, how did you get on in Court on that occasion ?
> 
> Driving is not an automatic right, it is fantastic to be able to get in your car and go where ever you want whenever you want, that brings responsibility, something you seem to be avoiding, you share the road with others, you must have a road legal safe car, I don't want to come across as lecturing but come on Cuz, past time to get a grip.



€500 fine and lucky to get off so lightly


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## Purple (18 Jun 2018)

Why did you leave the scene and where did you go?


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## cuz (18 Jun 2018)

Purple said:


> Why did you leave the scene and where did you go?



Up to a farmyard to see if I could get the car pulled off the road


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## Purple (18 Jun 2018)

cuz said:


> Up to a farmyard to see if I could get the car pulled off the road


Well if there's a witness that you spoke to it's a totally reasonable excuse and you'll be fine.


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## elcato (18 Jun 2018)

Did you tell the police at the time you were up at a farmyard looking for a tow ? Also how long did that take you as it must have been a while given that they had sourced a tow truck and it had arrived on scene by the time you got back ?


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## Vanessa (18 Jun 2018)

I always understood that that the legal requirement was to keep the vehicle involved at the scene rather than the driver.


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## Palerider (18 Jun 2018)

Vanessa said:


> I always understood that that the legal requirement was to keep the vehicle involved at the scene rather than the driver.



Sorry no.


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## Vanessa (20 Jun 2018)

Palerider said:


> Sorry no.


Section 106 RTA
The vehicle must be kept at the scene of the accident and the driver or other person must provide the appropriate information to any injured party or Gardai i.e insurance details.

There is no legal requirement on the actual driver to remain there once the vehicle is there and appropriate information is available. 
Otherwise an injured driver would commit an offence if he left the scene to get medical assistance.
The law doesnt deal with common srnse or what should be done. It deals with what is in the legislation and you wont find any requirement obliging a driver to remain


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## Palerider (20 Jun 2018)

If there is an injury and the Gardai are called you will face charges for leaving the scene unless you are receiving medical attention.
If it is property damage and the Gardai are not being called then an exchange of info will suffice, there are plenty of examples where drivers have been charged with leaving the scene of an accident.

As in all such matters get legal advice.


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## Leo (20 Jun 2018)

Vanessa said:


> There is no legal requirement on the actual driver to remain there once the vehicle is there and appropriate information is available.
> Otherwise an injured driver would commit an offence if he left the scene to get medical assistance.





> (_b_) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;



So the driver must keep it at the scene, which in effect means they must stay with the vehicle where 'injury is caused to person or property in a public place'. If the driver is 'killed or incapacitated', then the responsibility gets passed on. Having information available isn't enough, only certain people are authorised under the act to hold such information in the absence of the driver. In this case, the property owner or someone having charge of the property would need to be present.


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## Ravima (20 Jun 2018)

Why did you call a recovery truck and then head up to a farmyard seeking a tow?


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## elcato (21 Jun 2018)

Ravima said:


> Why did you call a recovery truck and then head up to a farmyard seeking a tow?


I suspect he/she didn't. The garda did after arriving at the scene whicvh is why it seems a long time to be away looking for a tow..


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