Hit and run
In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
Additional obligation
In many jurisdictions, there may be additional obligations such as to exchange information about one's financial responsibility ; to summon emergency services if they are needed; or to render any reasonable assistance to those who are injured or in peril. There may also be requirement to leave a note containing pertinent information if the property owner is not present.History
Hit-and-run laws were among the earliest traffic laws to be enacted after the invention of motor vehicles; they arose from the difficulties that early traffic collision victims faced in identifying perpetrators and bringing them to justice. Apart from the obvious ability of an automobile to flee the scene quickly, roads were unpaved and hence quite dusty, vehicles at the time did not have license plates, and drivers wore large goggles and dusters which effectively rendered them anonymous.Legal consequences
Legal consequences of a hit and run may include the suspension or cancellation of one's driver's license; lifetime revocation of a driver's license is possible in certain jurisdictions. It is frequently considered a criminal offense, which can be punished by fines and imprisonment. Insurance companies often raise the insurance costs or even void the policies of drivers involved in this offense.Attempts to understand the mental state of the hit and run driver began soon after the offense became codified, in a paper titled "The Feebleminded Motorist" and has been explored again in an article titled "The Psychology of Hit and Run".
Country-specific penalties
Australia
Under Australian law, a driver involved in a crash must stop at the scene and give their information to all other drivers involved and anyone injured, as well as the owner and driver of any property damaged, and a police officer if:- Anyone is killed or injured;
- A vehicle involved in the crash is towed or otherwise carried away from the crash by another vehicle;
- Any other driver involved in the crash does not stop to exchange information;
- A police officer asks for any of the information.
Bangladesh
In Bangladesh, according to The Vehicles Act, 1927, the person in charge of a vehicle shall cause the vehicle to stop and to remain stationary so long as may be reasonably be necessary.- When required to do so by any police-officer for the purpose of regulating traffic or of ascertaining driver name and address with a view to prosecuting such person under The Vehicles Act, 1927 or for any purpose connected with the enforcement of the provisions of this Act or the rules thereunder.
- When a person knows or has reason to believe that a crash has occurred to any person or to any animal or conveyance in charge of a person owing to the presence of the vehicle, and person shall also give his/her/their name and address and the name and address of the owner of such vehicle, to any police-officer in uniform present or to any person reasonably requesting such names and addresses.
Canada
Hit and run is defined in Canada as failure to stop at the scene of a crash under the Criminal Code and is subject to a penalty of up to 5 years in prison. If bodily harm or death is caused in the crash and the prosecution can prove that the accused was aware of the bodily harm or death, the maximum penalties are up to 10 years in prison or up to life imprisonment, respectively.For a person to be convicted of failure to stop at the scene of a crash, the prosecution must prove that the accused was aware of the crash, the accused voluntarily failed to stop and render assistance and the intent for failing to stop was to evade civil or criminal liability. While the prosecution bears the traditional criminal burden of proof beyond a reasonable doubt, the accused is presumed to have intended to evade civil or criminal liability if the prosecution can prove the other elements of the offence. This reverse onus has been held to be a justified limit under section 1 of the Canadian Charter of Rights and Freedoms.
Canadians are also required to provide their name, address and license number in writing according to the Sec. 252 of the Criminal Code. Depending on the provincial law other pieces of information may be requested such as insurance number and license plate. Car Insurance is mandatory in Canada.
If the accused is also convicted of other offences in relation to the crash, then courts will often make the sentence for hit and run consecutive to the penalties for the other offences, the rationale being that hit and run is often committed with the intent of evading criminal or civil liability.
China
Article 101 of the Road Traffic Safety Law of the People's Republic of China provides that in a major crash, a hit and run results in revocation of the offender's driving license, and up to a lifetime ban from obtaining one again.Article 133 of the Criminal code as of 1997 provides that hit and run after an incident resulting in death, grievous bodily harm or major property damage is punishable with 3 to 7 years' imprisonment, and fixed-term imprisonment of 3 to 7 years if there was an attempt at escaping the scene of crash or is involved in other especially flagrant circumstances, and fixed-term imprisonment of not less than 7 years if the act of attempted escape results in death.
Hong Kong
Where, owing to the presence of a vehicle on a road, a crash occurs whereby-Finland
Section 11 of the Criminal Code of Finland mandates the driver of a motor vehicle or a tram involved in a road accident to stop and render aid according to one's best abilities to the casualties of the accident. Failure to do so is punishable with a fine, or a prison term of up to one year. However, due to the Finnish interpretation of the freedom from self-incrimination, is not legally mandatory to identify oneself, or to give up any contact information.Germany
Anyone who has caused a traffic crash, or contributed to it, has the duty to identify themselves to the victims or to other contributors. If the victim is not present the one who caused the crash has to wait a certain time. If the victim does not appear, he has to report the crash at the next police station without delay. Violation of these rules is punishable with prison up to three years or a fine.Different in that it applies not only to those directly involved in a crash, section 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 applies only if providing help is a "reasonable burden" – when it can take place "especially without putting yourself in substantial danger or neglecting other important duties". Not being explicitly asked to help is not an acceptable reason not to do so. In a traffic crash, for example, the actions expected would be securing the site against follow-up crashes, calling emergency services, and providing first aid to your ability until professional help arrives.
India
The Bharatiya Nyaya Sanhita has a provision under Section 106 that attracts punishment of up to 10 years for drivers and a fine of Rs 7 lakh or $8,400 who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration.Macau
Abandoning the victim of a crash can lead to a fine or imprisonment for up to 3 years.New Zealand
A driver's duties in the event a motor vehicle crash is outlined in section 22 of the Land Transport Act 1998. Section 22 states that drivers involved in a crash must stop and ascertain whether a person has been injured, and must render all practicable assistance to any injured persons. Section 22 through 22 set out the requirements to supply driver, owner and vehicle details to police, other involved drivers and affected property owners.If a driver leaves the scene of a crash in contravention of section 22, the driver is liable for up to 3 months' imprisonment or a NZ$4,500 fine, and must be disqualified from driving for a minimum of 6 months. If a person is injured and killed, the penalty increases to up to 5 years' imprisonment or a NZ$20,000 fine, and the mandatory disqualification increases to a minimum of 12 months.
South Korea
Hit-and-run is outlined in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes. There are two sections to this Act.If the driver runs away after killing or causing the death of a victim, Section 1 proscribes the minimum sentence as five years in prison with the maximum being life imprisonment.
If the driver removes the victim from the crash scene and runs away after abandoning the victim, Section 2 proscribes a minimum of three years imprisonment if the victim survives. If the victim dies, the penalty is either life imprisonment or the death penalty.