Legal Obligations Following a Vehicle Collision

Published on September 26, 2024

Experiencing a vehicle collision can be disorienting and distressing. Understanding your responsibilities and legal obligations in such situations can significantly impact the outcome of the incident.

Legal Implications

Traffic collisions can result in both criminal and civil repercussions. Criminal offenses may include driving without a valid license, driving under the influence of intoxicating substances, culpable homicide, reckless driving, to mention a few. Civil liabilities often involve claims for property damage or personal injury, regardless of any criminal charges.

Immediate Steps to Take

• Stop and Assess Ensure your vehicle is stopped immediately and evaluate the extent of injuries.
• Provide assistance as necessary; if you are untrained in first aid, refrain from actions that could worsen injuries.
• Secure professional medical help, such as calling an ambulance.
• Remain on-site until permitted to leave by law enforcement.
• Legal Consequences for Failure to Stop Neglecting to stop after an accident can lead to severe legal consequences, including substantial fines or imprisonment. The burden of proof lies in demonstrating that you were unaware of the collision.
• Reporting Property Damage If the accident involves only personal vehicle damage or self-injury, formal reporting may not be required. However, if other property is damaged, such as another vehicle or infrastructure, report the incident to the nearest police station.
• Safety Measures Activate hazard lights and place an emergency warning triangle approximately 45 meters from the scene to alert approaching traffic.

Emergency Services

• Contact Emergency Services Upon stopping, promptly call emergency services and provide your contact details, accident location and information about injuries.
• Save the following emergency numbers: 10177 for ambulance services, 10111 for police assistance, and 112 for general emergencies.
• Involvement of Law Enforcement Notify the police if there are serious injuries, fatalities, or if any driver appears to be under the influence of substances.

Information Exchange

• Provide and Collect Information Share your contact and vehicle details with other involved parties and law enforcement officers. Obtain similar details from other drivers and witnesses.

Avoid Substance Use

• Refrain from Alcohol or Drugs Do not consume alcohol or narcotic drugs before undergoing a medical examination, as this may affect the investigation and your legal standing.

Evidence Collection

• Photographic Documentation Capture comprehensive photographs of vehicle positions, damages, license plates and relevant scene features from multiple angles to ensure thorough evidence collection.

Post-Collision Protocol

• Statements and Towing Avoid making statements that may imply fault or liability. Consult your attorney. Use only insurance-approved towing services and document all relevant details of the tow.

Reporting Obligations

• File a Report Report the incident to the police within 24 hours. Failure to report can result in legal notices or court actions. Insist on a reference number, by either the SAPS or Traffic authorities.

Claims and Insurance

• Road Accident Fund (RAF) Claims In cases of serious injury not solely attributable to your fault, you may claim compensation from the RAF. Consult with a specialised attorney, such as Moloto Weiss Attorneys, to guide you through the claims process.
• Insurance Considerations Ensure you have adequate and comprehensive insurance to facilitate support in the aftermath of an accident and prevent potential financial disputes. Ensure that you are covered for third party liability claims in respect of patrimonial or personal injury claims (e.g. where you are sought to be liable for another person’s injuries or death).

Adhering to these guidelines will help manage the aftermath of a traffic collision effectively and ensure compliance with legal requirements.

M.W. Attorneys