Penalty for Hit and Run after Accident in Delft
In Delft's busy traffic, with its narrow streets and cyclists, leaving the scene of an accident – also known as 'hit and run' – is a serious offense. This involves fleeing the accident location without providing assistance or alerting the police. Delft residents risk fines, driving bans, and even imprisonment, depending on the damage and circumstances, as handled by the District Court of The Hague.
What Does Leaving the Scene of an Accident Entail?
Leaving the scene means that a driver or cyclist departs the incident location without showing identification, providing assistance, or contacting the authorities. This not only hinders emergency services and investigations but is also punishable under Dutch law. In Delft, this often occurs in collisions with parked bikes on the Markt or minor damage in the city center. The term hit and run penalty refers to the legal sanctions that follow.
Legal Framework
The basis for the hit and run penalty is found in the Road Traffic Act 1994 (WVW). Article 7 WVW 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: Penalty for non-compliance as an offense.
In cases involving injury or risk to health, the Dutch Criminal Code (Sr) applies, with Article 141 Sr for leaving the scene. Maximum penalties under Article 33 Sr: up to three months' imprisonment or a fine of up to €9,900. Serious cases resulting in death or grievous bodily harm can lead to up to two years' imprisonment. The Public Prosecutor may impose a driving ban under Article 164 WVW, to be decided by the District Court of The Hague.
Examples from Delft Practice
Suppose you cause a scratch on a parked car along the Oude Delft in Delft. Out of embarrassment over the costs, you drive off without leaving a note. The owner reports it to the police, and you are traced via ANPR cameras in the city. Result: €400 fine and a notation in the driving license register – typical for mild hit and run penalties.
More serious case: On the A13 near Delft, you accidentally hit a scooter rider who sustains serious injuries. You leave without helping. The scooter rider later dies. This can result in two years' imprisonment plus a long-term driving ban. The District Court of The Hague handles such cases, with possible claims for personal injury.
Overview of Penalties
| Situation | Legal Basis | Possible Penalty |
|---|---|---|
| Minor damage, no injury | Art. 7 WVW (offense) | Fine up to €9,900, driving ban up to 6 months |
| Injury or risk to health | Art. 141 Sr (crime) | Imprisonment up to 3 months, fine, driving ban up to 5 years |
| Resulting in death | Art. 141 Sr + Art. 7 WVW | Prison sentence up to 2 years, lifetime driving ban |
Rights and Obligations in Delft
After a collision in Delft, you must stop, assess the situation, and act:
- Assist injured parties and call 112.
- Exchange details with others involved.
- Call the police in case of injury or damage exceeding €750; also report to the Municipality of Delft if required.
As a suspect, you have the right to a lawyer (Article 40 Constitution), to remain silent, and to a fair trial. Victims can claim compensation under Article 6:162 Civil Code (unlawful act). Contact Juridisch Loket Delft for free advice on personal injury claims. See also our article on personal injury after traffic accidents.
In civil proceedings, you remain liable for all costs, such as medical expenses and non-pecuniary damages.
Frequently Asked Questions
What if I panic and leave the scene in Delft?
Panic is not a valid defense. Judges at the District Court of The Hague consider context, but Article 7 WVW still applies. Stop and call the police to explain.
How much is the fine for a minor accident in Delft?
Often €350–€500 plus costs for offenses without injury; higher for repeat offenses up to the maximum third-category fine.
Will I lose my driver's license for hit and run?
Yes, from months to lifetime, as decided by the court or CBR.
What if it wasn't my fault?
Fault influences the penalty, but the duty to stop remains. Juridisch Loket Delft can assist with your defense.