Penalty for Hit-and-Run After Accident in Rijswijk
In Rijswijk, 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 lead to substantial fines, driving disqualification, or even imprisonment, particularly in cases of damage or injury within our municipality. The District Court of Rijswijk handles many such cases locally.
What Does Leaving the Scene of an Accident Entail?
Leaving the scene means departing the incident location without providing your details, offering help, or alerting the authorities. This not only obstructs investigations and assistance but is also punishable under Dutch law. In Rijswijk, this often occurs with parking lot damage in residential areas or collisions on busy roads like the A4. The term hit-and-run penalty refers to the sanctions imposed, ranging from fines to more severe punishments.
Legal Basis
The rules are set out in the Road Traffic Act 1994 (WVW), particularly Article 7. This requires drivers to stop, assist injured parties, exchange details, and secure the scene until the police arrive or the matter is resolved.
- Article 7(1) WVW: Stop and provide assistance.
- Article 7(3) WVW: Punishable as an offense if not complied with.
In cases involving injury or danger, the Criminal Code (Sr), Article 141 Sr applies. Penalties can include up to three months' detention or a fine of up to €9,900 (Article 33 Sr). Serious cases resulting in death or grievous bodily harm may lead to two years' imprisonment. The public prosecutor may impose a driving disqualification under Article 164 WVW. In Rijswijk, the District Court of Rijswijk often decides on these measures.
Practical Examples from Rijswijk
Suppose you cause a dent in a car on Generaal Spoorlaan in Rijswijk. Fearing costs, you drive off without leaving a note. The owner reports it to the Rijswijk Municipal Police, and you are traced via cameras. Result: €400 fine and a record. A typical mild hit-and-run penalty.
More serious: On the N442 near Rijswijk, you seriously injure a cyclist and drive off. The cyclist dies. You risk two years in prison plus a lifelong driving ban. The District Court of Rijswijk handles this, with possible injury claims.
Comparison of Penalties
| Situation | Legal Basis | Possible Penalty |
|---|---|---|
| Minor damage, no injury | Art. 7 WVW (offense) | Fine up to €9,900, driving disqualification up to 6 months |
| Injury or risk to health | Art. 141 Sr (crime) | Detention up to 3 months, fine, driving disqualification up to 5 years |
| Resulting in death | Art. 141 Sr + art. 7 WVW | Prison sentence up to 2 years, lifelong driving disqualification |
Rights and Obligations in Rijswijk
As a driver, you must stop, call 112 if there are injuries, exchange details, and call the police for damage over €750 or injury.
- Assistance to injured parties takes priority.
- Share details with those involved.
- Notify police or Rijswijk Municipality if necessary.
As a suspect, you have the right to a lawyer (Article 40 Constitution), right to remain silent, and a fair trial. Victims can claim under Article 6:162 Civil Code. Contact Rijswijk Legal Aid Office for free advice on personal injury claims. Even in hit-and-run cases, you may be civilly liable for all costs.
Frequently Asked Questions
What if I drive off in panic in Rijswijk?
Panic is not an excuse. Judges consider circumstances, but Article 7 WVW still applies. Stop and call the police or Rijswijk Legal Aid Office immediately.
How high is the fine for a minor accident?
Often €350-€500 plus costs for offenses without injury. Repeat offenses lead to higher penalties up to €9,900.
Will I lose my driver's license for hit-and-run?
Yes, from months to lifelong, as decided by the District Court of Rijswijk or CBR.
What if it wasn't my fault?
Fault affects the penalty severity, but the duty to stop and provide assistance always applies. Consult Rijswijk Legal Aid Office for your options.