If involved in a car accident, if there is damage to persons or vehicle, must the police be called to attend? Also, what if I witnessed an accident, must I stay till the police arrive or can I just leave contact details?


Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: In light of the two recent tragic and disturbing cases of hit-and-run accidents (see here and here) in which both of the victims were killed, this is a particularly relevant question.

The requirements to remain at the scene of an accident and report the accident to the police are set out in the Traffic Law, 2011. The issue for witnesses is a separate matter which I will also address. Please bear with me as there is a lot to explain.

A spokesperson for the RCIPS Traffic and Roads Policing Unit (TRPU) pointed out the relevant section of the law when it comes to what drivers should do in the case of an accident. First of all, under Section 73(2) anyone involved in an accident must stop and, if asked by the other driver or even someone else “having reasonable grounds” to request the information, supply details such as name, address, name and address of the owner, and insurance details.

If no one was injured in the accident, the drivers can agree not to call the police at the time, but should exchange details and may leave the scene under Section 73(8). However, both parties are required to report the accident to the police within 24 hours. In addition, the TPRU explained, if a driver does not stop and provide the relevant details, he or she must inform a police officer or report the accident at a police station within 24 hours or that person could be prosecuted for leaving the scene of an accident.

If someone other than the driver is injured or the damage to a vehicle makes it unusable, the driver involved must wait for the police to arrive. And if a driver simply wants to have a police report filled out, they must remain at the scene under Section 73(5)(c)(ii). Once police have arrived, the drivers must stay until a constable says they can go, under Section 73(7), unless it is an emergency situation such as someone needing immediate medical attention or if the crash site is not safe.

Moving on to the question of witness responsibility, the TRPU said the law does not regulate what someone should do if they see an accident occur, but the police “strongly encourage” witnesses to take one of several actions. Before a witness leaves, he or she should give contact information to one or both of the drivers, letting them know they saw what happened and are willing to provide a statement.

A witness could also stay at the scene until police arrive, if they are called, and then can tell the officer what happened and give their name and contact details. If you are unable to stop after seeing the accident, you can call the police (949-4222), or if it was a serious crash call 911 to give the location and time of the accident along with your contact details. After that a police officer should reach out to you.

I feel compelled to add that while something may not be legally required, I believe everyone has a moral responsibility to do the right thing. I may be criticised for being naïve or way too optimistic, but consider the two recent hit and runs that occurred only a few weeks apart. If you were a family member or friend of either of the victims, would you not want a witness to come forward who could help bring the offender to justice? I understand that would not mitigate your grief or sense of loss, but at the very least, it could prevent the offending driver from committing that awful crime again.

Thank goodness most hit and runs here cause damage to vehicles but not fatalities, but the same principle should apply. If you see it, report it; you would want someone to do the same for you.

The law mentioned above can be found on the CNS Library

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