According to the Department for Transport, in 2024, there were 128,272 collisions involving injuries in Great Britain, so here are some legal requirements you might need to know.
Under s.170 Road Traffic Act 1988, you must report any Road Traffic Collision (RTC) to the police if someone is injured, there is any damage is caused to roadside furniture or one of the following animals are involved: Dog, Goat, Cow, Horse, Ass, Mule, Pig and Sheep.
What is roadside furniture?  This includes, but is not limited to, damage to lamp posts, road signs, traffic lights, safety barriers, bollards and road markings and is property owned by the local authority or the national highways.
What you must do
If you have been involved in an RTC resulting in injury to another, animal or damage to the roadside furniture, then you must remain at the scene for long enough to provide your details, including your name and address, to anyone who has reasonable grounds to ask for it. You may also be asked for the registration number and the name and address of the vehicle’s owner if they are not the driver at the time.
In the event injuries have been caused, or you are requested to do so, then you should also provide your insurance details.
In circumstances when you are not able to exchange details at the scene, for example, if one driver fails to stop, then you must report the accident to the police ‘as soon as reasonably practicable’, and in any event it must be within 24 hours.
Do you have to stop after an accident?
It is a legal requirement that you must stop after any RTC where damage or injury (including to an animal) has been caused. You must remain at the scene and exchange details even if the collision is minor. If you do not do so, then you could be committing the criminal offence of failure to stop/report an accident or failing to stop and give your name and address.
When do you need to call the police after an RTC
- When injuries have been caused to any person or animal, or when the accident is serious
- If either driver fails to stop or fails to provide their details
- If either driver appears to be under the influence of drink or drugs
- When you suspect a ‘crash for cash’ scam
- In circumstances when damage has been caused to either vehicle or property, in which the owner is not present. In certain circumstances of minor damage, it may be deemed acceptable to leave a note, but this is not the case for more serious RTCs.
Sentences for failing to stop or failure to report an accident
Even if you believe the accident was not your fault, you are still legally obliged to comply with the above.
Failure to do so could result in you receiving a criminal conviction and a sentence as follows;
Failure to stop or failure to report an accident – a fine, community order or up to 6 months’ imprisonment. In addition, you will receive a minimum of 5 penalty points on your driving licence, and this ranges up to 12 months’ disqualification, which can be extended if an immediate custodial sentence is imposed.
Can a police officer breathalyse or drugs wipe you after an accident?
Under s6 Road Traffic Act 1988, a constable in uniform may require you to provide a preliminary test for the following three reasons;
- They have reasonable grounds to suspect that you were driving or in charge of a vehicle on a road or in a public place, and the person was involved in a Road Traffic Collision.
- You have committed a traffic offence in motion
- They have reasonable grounds to suspect that you are impaired/under the influence of drink or drugs.
The preliminary tests can consist of a breathalyser, drugs wipe or a field impairment test.
If you refuse to co-operate with any of these three tests without a ‘reasonable excuse’, then you may be prosecuted for failing to co-operate with a preliminary test.
Contact our Criminal Law Specialists
Lydia Etheridge is one of the leading defence lawyers in Oxford and the Thames Valley. Please contact her on 020 7387 2032 or via our online enquiry form for advice.