Penalty for Leaving the Scene After an Accident in Westland
In Westland, leaving the scene of a traffic accident, also known as 'hit and run', is a serious breach of traffic rules. Drivers must stop, provide assistance, and notify the police or other parties involved. Failure to do so can result in substantial fines, driving bans, and even prison sentences, particularly in our glasshouse horticulture community with busy roads like the N213.
What Does Leaving the Scene of an Accident Involve?
Leaving the scene means departing the incident location without providing your details, offering help, or alerting emergency services. This not only obstructs investigations and aid efforts but is also punishable by law. In Westland, this often occurs in minor collisions in villages like 's-Gravenzande or Naaldwijk, or in serious crashes on local roads. The term penalty for leaving the scene of an accident refers to the legal consequences that follow.
Legal Basis
The rules are set out in the Road Traffic Act 1994 (WVW), particularly Article 7. This requires you to stop, assist injured parties, exchange details, and secure the scene until police arrive or the matter is resolved. Cases in Westland are often handled by the Westland District Court.
- Article 7(1) WVW: Stop and provide assistance.
- Article 7(3) WVW: Penalty for non-compliance as an offense.
In cases involving injury or risk to health, the Criminal Code (Sr), Article 141 Sr applies. Penalties can include up to three months' imprisonment or a fine of up to €9,900 (Article 33 Sr). In fatal cases or serious injury, up to two years' imprisonment. The Public Prosecutor may impose a driving disqualification under Article 164 WVW, temporarily or permanently revoking your license.
Practical Examples from Westland
Suppose you cause a dent in a car in a garden center parking lot in Naaldwijk and drive off out of embarrassment. The owner reports it to the Westland Municipal Police, and CCTV footage traces it back to you. Result: €400 fine and an entry in your driving record – typical for mild penalties for leaving the scene of an accident.
More serious: On the N213 near Kwintsheul, you seriously injure a motorcyclist and drive off; the rider later dies. This could lead to two years in prison, driving disqualification, and claims at the Westland District Court.
Comparison of Penalties
| Situation | Legal Basis | Possible Penalty |
|---|---|---|
| Minor damage, no injury | Art. 7 WVW | Fine up to €9,900, driving disqualification up to 6 months |
| Injury or endangerment | Art. 141 Sr | 3 months' imprisonment, fine, driving disqualification up to 5 years |
| Fatal accident | Art. 141 Sr + WVW | 2 years' imprisonment, lifetime driving disqualification |
Rights and Obligations in Westland
Always stop, call 112 if there are injuries, exchange details, and report to police if damage exceeds €750 or there is injury. If you suspect leaving the scene: contact Het Juridisch Loket Westland for free advice. Suspects have the right to a lawyer, right to remain silent, and a fair trial (Article 40 Constitution). Victims can claim under Article 6:162 Civil Code. See our article on personal injury after traffic accidents.
Even if you leave the scene, you remain civilly liable for all costs, including pain and suffering compensation.
Frequently Asked Questions
Leaving the scene out of panic in Westland?
Panic is not an excuse; the court considers circumstances, but Article 7 WVW still applies. Stop and call the police or Het Juridisch Loket Westland.
Fine for a minor accident?
€350–€500 plus costs; higher for repeat offenses.
Lose your license?
Yes, from months to lifetime via court or CBR.
Not my fault?
Fault affects the penalty, but the duty to stop remains.