While the crime described in this article is pretty common it still has
some controversial sides and in some cases there is a possibility that it was
not caused by some criminal intentions. Usually after a motor accident occurs
the involved drivers must not leave the crash site, if the driver left for some
reason this can be classified as hit-and-run. In the Common Law tradition hit-and-run
is the crime of injuring or fatally wounding a person (pedestrian, passenger or
another driver), or causing damage to personal property (motor vehicle, even a
parked vehicle counts) and failing to stop and identify oneself afterwards.
Generally traffic rules in all countries require the driver to stop and exchange
identification and contact information with any other driver (drivers) involved
in the incident. If the accident happened with a parked car or a stationary
property, the driver must stop and make a reasonable effort to identify the
property owner (leave a notice at the scene or write down the license plate and
identify the police) and alert them about the accident. In case of injuries the
driver must take reasonable steps to help any injured person, and report the
incident to the police officers. In most jurisdictions this crime has severe
legal consequences like the suspension or cancellation of the guilty driver's
license, as well as imprisonment and even a lifetime revocation of a driver
license. Like in many other vehicle related crimes, the possible punishment for
hit and run directly depends on the situation and most important on the actions
of the driver. But there is one big difference, while in the common accidents
the guilt of the parties still has to be proven, any case where one of the
drivers left the scene starts with a serious argument that literally screams –
guilty. In Canada
it could be punished with a prison term of up to five years. The crime itself
in the Canadian Criminal Code covers more than simply car accidents and is
described as following:
“Every person commits an offence who has
the care, charge or control of a vehicle, vessel or aircraft that is involved
in an accident with another person, a vehicle, vessel or aircraft, or in the
case of a vehicle, cattle in the charge of another person, and with intent to
escape civil or criminal liability fails to stop the vehicle, vessel or, if
possible, the aircraft, give his or her name and address and, where any person
has been injured or appears to require assistance, offer assistance.”
As for the controversial side, this type of crime is also widely
researched by psychologist worldwide, because very often it is caused by stress
of the accident and not by criminal intent of the driver. Still the defendant
will need a very good lawyer and psychological proofs during the trial to
convince the court that he or she left the scene because of stress and not by
any other cause.
