litigation support services

Road traffic accidents

The Road Traffic Act 1988/91 is the primary legislation covering accidents, it defines an accident as follows: 

Owing to the presence of a mechanically propelled vehicle on a road an accident occurs whereby:

                  personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
                  damage is caused:

                  to a vehicle other than the mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

                  to an animal other than an animal in or on that mechanically propelled vehicle to a trailer drawn by that mechanically propelled vehicle, or

                  to any property constructed on , fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

The driver of the mechanically propelled vehicle must stop and if required to do so by any person having reasonable grounds for so requiring give:

                    his name and address
                    the name and address of the owner
                    the identification mark of the vehicle

If a driver fails to comply with the above he must report the accident to a police station or a police constable as soon as reasonably practicable and in any case within 24 hours of the accident. The driver of a motor vehicle at the time of an accident involving injury shall produce a certificate of insurance or security to:

                      a constable
                      any person having reasonable grounds to require such production

Again there are many Court decisions regarding the legislation and every aspect of the above has been defined in various cases, far to many to quote here.

LTS Group
Tech data