Reporting a Vehicle Accident that Injured a Pedestrian Without Charges Being Pressed

In the UK, there is an obligation to report a vehicle accident to the police if it involves injury, but not necessarily if it doesn't. However, the circumstances surrounding any such accident can be quite complex. This article explains the legal context and the possible actions a bystander can take if a vehicle hits a pedestrian, even if the pedestrian does not press charges.

UK Reporting Requirements

In the United Kingdom, there is a legal requirement to report a vehicle accident to the police if it involves injury. However, this obligation does not extend to accidents where no injury occurs. For example, if you were trailing behind a stationary vehicle and the driver accidentally hit you (without causing injury), you are not legally obligated to report the incident to the police.

What If the Pedestrian Is Injured?

Even if a pedestrian is injured in a vehicle accident, they may choose not to press charges. This was the case for the author, who was involved in an incident where the driver rear-ended their stationary vehicle. It was only upon reviewing medical records the next day that the driver learned of the injury and reported it. The other driver chose to not pursue personal damages due to the nature of the incident. The police were not involved as the author was unaware at the time that an injury had occurred.

Can a Bystander Report the Accident?

Yes, a bystander can definitely report the incident to the police. Whether charges are pressed would depend on the specific circumstances of the accident and the available evidence.

Verbal Statements and Video Evidence

Providing verbal statements or presenting video evidence could result in charges being pressed. It is not uncommon for prosecutors to pursue charges even when the victim does not wish to do so. This is because the opposing party in the case is legally considered to be the People of the State. In the case of a vehicle hitting a pedestrian, if the driver failed to yield to a pedestrian and such an action was required by law, the driver could face prosecution regardless of the pedestrian's wishes.

Legal Protections for Bystanders

A bystander can report the accident if they believe the driver is in violation of a vehicle code or traffic code. For instance, a driver failing to report a collision and leaving the scene (commonly referred to as a hit and run) is a violation. Additionally, if the driver did not yield to a pedestrian, made an unsafe turn, or failed to stop at a traffic signal or sign, these are also violations that a bystander can report to the authorities.

Alternative to Pressing Charges

There are cases where pressing charges is not typical. For example, a situation where a police officer must witness the accident to issue a ticket in some jurisdictions. In New York, a police officer must witness the accident to enforce it. Our experience with a similar case highlights the stringent measures law enforcement can take. In one instance, a driver denied involvement until NYS investigators were involved and provided evidence, leading to the driver's admission to avoid legal consequences.

The type of charges that can be pressed if a vehicle hits a pedestrian and there is no pressing of charges by the pedestrian may include various vehicle code violations, hit and run, or failure to yield to a pedestrian. All of these actions can be reported by a bystander, potentially leading to a formal investigation and possible prosecution.

Conclusion

Whether or not a bystander can call the police to report a vehicle accident that injured a pedestrian, the decision to press charges remains with the injured party. However, a bystander's report can significantly influence the legal proceedings. It's important to gather evidence and report any violations to the authorities to ensure proper accountability.

Remember, the context and specifics of each case can vary widely, and it's always best to consult legal advice to understand your full obligations and options.