Hit-and-run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards.
Additional obligation
In many jurisdictions there may be an additional obligation to exchange information about one's financial responsibility (including any applicable insurance) or to summon emergency services if they are needed. There may also be requirement to leave a note containing pertinent information if the property owner is not present.[citation needed]
History
Hit-and-run laws arose from the difficulties that early car accident victims faced in identifying perpetrators so that they could be brought to justice. Apart from the obvious ability of an automobile to flee the scene quickly (if still driveable), drivers often wore driving goggles, vehicles at the time did not have license plates, and roads were unpaved and thus quite dusty.[1]
Legal consequences
Hit-and-run has severe legal consequences including the suspension or cancellation of one's driver's license, as well as imprisonment. Lifetime revocation of a driver license is possible in certain jurisdictions. Attempts to understand the mental state of the hit and run driver began soon after the offense became codified[2] and more recently has been explored in an article titled "The Psychology of Hit and Run" (2008).[3]
Statistics
In the United Kingdom, the Department for Transport collects and publishes statistics and reports on accidents, including an analysis of hit-and-run accidents.[4]
Their evidence indicates that hit and run accidents occur most often on roads with a speed limit of at most 40 mph. On these roads, 8% of fatal accidents were hit-and-runs in 2002, rising to 14.7% of slight accidents.[5] However there is also a pronounced effect due to time of day; between 12am and 3am the number of slight accidents that were hit-and-runs rose to 20%.[4]
Hit-and-run drivers were more likely to be driving vans than cars; to be young males; and were far more likely to fail a breathalyzer test than other drivers, if apprehended.[4]
Country-specific penalties
Germany
Article 142 of the Strafgesetzbuch (penal code) hit-and-run ("illicit leaving of the scene of an accident") is punished with prison up to three years or a fine. Persons who have caused a traffic accident, or have contributed to it, have the duty to identify themselves to the victims or to other contributors. If the victim is not present (e.g. damage of a parking car) the one who caused the accident has to wait a certain time. If the victim doesn't appear, he has to leave his address or to report the accident to the police.
Different in that it applies not only to the perpetrator of an accident, article 323c states that anyone who fails to provide necessary help in an emergency can be punished with prison up to one year or a fine. This only applies if providing help is a "reasonable burden", that is when it can take place "especially without putting yourself in substantial danger or neglecting other important duties". Not being explicitly asked to help is, to the contrary, is not an acceptable reason not to do so. In a traffic accident for example, the actions expected would be 1. securing the site against follow-up accidents, 2. calling emergency services, and 3. providing first aid to your ability until professional help arrives.
Mainland China
Article 101 of the Road Traffic Safety Law of the People's Republic of China provides lifetime revocation of driver licenses for hit and run.
Taiwan
Administrative penalties
Article 62 of the Act Governing the Punishment of Violation of Road traffic Regulations proclaimed on 28 December 2005 and effective on 1 July 2006 provides the following administrative penalties:
Section 1: Without personal injury and death, hit-and-run drivers of motor vehicles are subject to administrative fines of 1000 to 3000 new Taiwan dollars and suspension of their driver licenses for 1 to 3 months.
Section: 4: With minor personal injury, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for 1 year pursuant to Section 3 of Article 67. With serious personal injury or death, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for lifetime pursuant to Section 1 of Article 67, but Article 67-1 allows a possible waiver after serving the revocation for 12 years if the revocation involved personal death, or 10 years if involving serious personal injury.
Criminal penalty
With personal injury or death, hit-and-run drivers of motor vehicles are also subject to imprisonment of 6 months to 5 years pursuant to Article 185-4 of the Criminal Code of the Republic of China. Hit and Run, although illegal, is seldom prosecuted on Taiwan. Drunk driving has a much more severe penalty so drunk drivers involved in accidents rarely stop to be tested.
Case law
On 13 September 1991 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 284 considered that revoking a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China.[6]
On 19 October 2001 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 531 further considered that lifetime revocation of a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China. However, this Interpretation also suggested relevant authorities in charge to reconsider the lifetime revocation and consider reinstatement for rehabilitated drivers.[7]
United States
The penalties (and the definition) of hit-and-run vary from state to state.[8] For example, in Virginia, the crime is a felony if the accident causes death, injury, or damage to attended property in excess of a certain dollar amount; otherwise, it is a misdemeanor.[9]
In Texas, the crime is a third degree felony if the accident involves a fatality or serious bodily injury. Accidents causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year and/or a fine not to exceed $5,000. Accidents causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and accidents causing less than $200 in total damages are a class C misdemeanor.[10]
See also
References
- ^ Edward C. Fisher, Vehicle Traffic Law (Evanston, IL: Traffic Institute, Northwestern University, 1961): 289.
- ^ Selling, Lowell S. (May 1942), "The Feebleminded Motorist" (pdf), The American Journal of Psychiatry 98: 834 - 838, http://ajp.psychiatryonline.org/cgi/reprint/98/6/834?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=1&title=THE+FEEBLEMINDED+MOTORIST&andorexacttitle=and&andorexacttitleabs=and&andorexactfulltext=and&searchid=1&FIRSTINDEX=0&sortspec=relevance&resourcetype=HWCIT
- ^ Dalby, J. Thomas; Nesca, Marc (September 2008), "The Psychology of Hit and Run", Law Enforcement Executive Forum 8 (5): 51-56, http://www.iletsbei.com/lee_forum/
- ^ a b c Department for Transport (2003-07-21). "DfT Research: Statistical Analysis Of Accident Data II". DfT Research Management Database. http://www.dft.gov.uk/rmd/project.asp?intProjectID=10140. Retrieved 2008-02-25.
- ^ in this context, a slight accident is one in which at least one person is injured, but no-one is killed or seriously injured.
- ^ Judicial Yuan Interpretation 284 translated by Li-Chih Lin, Esq., J.D.
- ^ Judicial Yuan Interpretation 531 translated by Li-Chih Lin, Esq., J.D.
- ^ "Leaving the Scene of an Accident/Hit and Run". Findlaw for the Public. http://public.findlaw.com/traffic-ticket-violation-law/traffic-ticket-a-z/hit-and-run-laws.html.
- ^ "Code of Virginia §46.2-894". LIS Code of Virginia Searchable Database. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-894.
- ^ "TEXAS TRANSPORTATION CODE CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS". Texas Constitution and Statutes. http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.550.htm.
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