ACCIDENTS: whol to do BY LES OLDRIDGE, A.I.R.T.E., A.M.I.M.I. THE
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professional driver is almost bound to be involved in an accident sooner or later, even if only as a witness. Immediately after an accident the drivers involved are shocked, even if they are not injured, consequently their judgment is impaired, tempers become frayed and essential duties are overlooked. One expects the professional driver to remain calm and to take charge of the situation until police and ambulance arrive—as a rule this is just what happens. To assist in this connection a review of the action necessary at incidents of this nature may be of value.
First aid is, of course, a great asset. The St. John Ambulance Association and the British Red Cross regularly run classes in first aid and although such training does not appeal to everyone, the ability to render skilled assistance is well worth the effort expended in attending such courses.
The railways give awards of extra rest days and free passes to qualified first eiders on their staff and I consider some similar incen tive offered by road transport industry management would be a useful step. Apart from the humanitarian angle the improvement in public relations that would arise from members of the public seeing bus and lorry drivers rendering first aid at the scenes of accidents should not be forgotten.
There is a tendency among the uninitiated to drag injured persons from damaged veh icles, but if there is no risk from fire this is often a mistake. Any fracture can be aggravat ed by careless handling and it may be better to await the arrival of skilled assistance.
Severe haemorrhage must always receive immediate attention and the modern treat
ment for controlling it is so simple that anyone can do it. The sides of the wound are grasped and firmly squeezed together until a proper dressing can be applied. It may be necessary to hold the wound for, say, up to 15 minutes, to control the bleeding.
The hazard which vehicles involved in an accident present to other traffic should not be forgotten. This is of particular importance at night or if the accident has occurred near a bend. The posting of someone a good distance up the road to warn traffic is sensible: the reflective triangles recently introduced, a red flag, a torch or even wildly flapping arms are all useful.
Let us now look at the steps necessary to obtain and preserve all the evidence which is going to be useful to us later when court proceedings may arise. It ,is essential to obtain the names and addresses of all witnesses, the registered numbers of the vehicles involved and of those belonging to witnesses. All too often vital witnesses stay only long enough at the scene to satisfy their morbid curiosity and then disappear.
If a motorist flatly refuses to assist, the registered number of his vehicle should be noted so that it can be supplied to the police who will arrange to interview the witness later. The names or numbers of the police officers at the scene should also be taken.
The position of the vehicles after a collision, together with tyre impressions left on the road, often give some indication of who was to blame. Because of this, in serious accidents, the vehicles should not be moved until the police arrive and take the necessary measurements to enable a plan to be prepared. Here there can be a conflict of interests, particularly if the vehicles involved in the collision are still drivable but are blocking the road.
Other motorists will want the vehicles moved so that they can carry on with their journey while the drivers actually involved will want them to stay where they are. A simple solution to this problem is to chalk the outline of each vehicle on to the road before moving them.
It is advisable to carry a couple of pieces of chalk on the vehicle for this purpose. However, it should be remembered that this method cannot be used if the roads are wet and that if it starts to rain the marks will soon be obliterated.
A sketch should be made of the scene of the collision as many insurance companies require one on the report submitted to them. In any court proceedings from the accident this sketch will be useful for refreshing one's memory and provided it was made at the time of the accident one is quite entitled to use it in the witness box.
It is almost certain that if the accident is a serious one or if an offence has been committed the police will ask the drivers and witnesses to make statements. There is no obligation on anyone to do so and if there is the possibility of a driver being at fault he would be unwise to make a statement.
A driver involved in an accident where personal injury is caused to a person other than himself or damage is caused to some other vehicle or animal not carried on his vehicle must stop and give his name and address, the name and address of the owner of the vehicle and its registered number to any person having reasonable grounds for requiring it. Animal in this case means horse, cattle, ass, mule, sheep, pig, goat, or dog. It does not include cats. There is no legal obligation to stop if there is only damage to property and one's own vehicle.
If for some reason the driver does not give his name and address to a person having reasonable grounds for requiring it he must report the accident to the police as soon as reasonably practicable, and in any case within 24hrs. It should be understood that this subsequent reporting of the accident does not excuse the driver from stopping at the time. This must always be done. The maximum penalty for failure to comply with these requirements is a C50 fine or imprisonment for three months.
Section 230 of the Road Traffic Act 1960 requires that when an accident occurs and someone is injured the insurance certificate for the vehicle must be produced to a police constable or any other person having reasonable grounds. If this is not done at the time it must be produced when the accident is reported. If this is not possible it must be produced within five days at a police station specified by the driver.
The most important case on the subject of reporting accidents is Harding v Price
119481 1 All E.R. 283. The driver of a me
chanical horse drawing a trailer was unaware that the trailer had collided with a stationary car, owing to the noise and vibration from the trailer. He was prosecuted for failing to stop and report the accident. It was held on appeal that the onus is on the prosecution to establish a prima facie case that an accident had occurred and that the driver had not reported it. If the driver then satisfies the court—and the onus is on him—that he was unaware that an accident had occurred, he is entitled to be acquitted. The Lord Chief Justice said in this connection: "It must not be thought that this decision provides an easy defence to motorists who fail to report an accident."
A similar decision was arrived at in Butler v Whittaker (1955) Crim L.R. 317 where a conviction for failing to stop after an accident was quashed on the grounds that the appellant did not know his car, while being driven through a herd of cows, had injured one of them.
In Lee v Knapp (1966) 110 SJ 981 a driver having collided with a stationary vehicle left his employee to wait by his vehicle with instructions to give information to anyone lawfully requiring it. Although this seems a perfectly proper thing to do it was held that he had committed an offence as a driver should remain at the scene of the accident to enable persons who have a right to do so to require him, directly and personally, to give the information required.
If no person at the scene of the accident requires the driver to give his name and address the driver's failure to report to the police within 24hrs is still an offence; Peak v Towlie (1945) KB 458.