Do I go to jail if I don't help the victims of a traffic accident?

Can I be fined if I do not help the victims of a traffic accident? Stay and find out in this article!

Not helping the victims of an accident is a crime if you have the possibility to do so. Today we clarify the penalties and fines to which you are exposed, whether you are the cause of it or if you have only seen it in front of your nose.

Is it a crime not to help the victims of an accident?

To address whether it is a crime or not to help the victims in a traffic accident, we first have to distinguish two criminal figures that often generate confusion: abandoning the scene of the accident and omitting the duty to help. Once both are detailed, we can specify whether it is a crime not to help the victims of an accident.

1. Leaving the scene of the accident

In the crime of abandoning the scene of the accident, only the driver causing the accident can be accused. This happens when, without any justification, the driver leaves the scene of the accident and there are victims who, as a result of the accident, need more than first aid. On this occasion, a punishment of up to 4 years in prison would be imposed.

2. Omission of the duty to help

Unlike the previous case, any person can be charged with the crime of omission of the duty of relief as long as the following requirements are met:

- That the danger is manifest and serious.

- That the victim is helpless.

- That the assistance can be carried out without danger to oneself or to third parties.

- That the place of the accident be abandoned in a premeditated way, without providing any kind of help.

The prizes in this situation will change depending on the circumstances: between 6 months and 4 years.

Can I get fined if I don't help a traffic accident victim?

The answer is yes. Apart from the 2 criminal types described above, the obligation to help is regulated in article 51 of the Traffic Law and developed in article 129 of the Traffic Regulations, which requires that anyone who suffers an accident must stop. and collaborating with the police, under a serious offense and a fine of €200.

What to do if I have seen an accident live?

If you have seen a traffic accident, you have to act as follows:

1. Help or ask for emergency help for injured people.

2. Cooperate in order to avoid further damage and restore, to the best of your ability, traffic safety.

3. Clarify the facts before the authorities, if they have requested them.