What Should People Who Cause Traffic Accidents Do?

Traffic accidents is an unwanted incident that occurs during traffic, causing damage to life, human health, material and property.

When participating in traffic, any of us can become a victim or the cause of a traffic accident. When faced with this situation, the person causing the accident needs to take steps to stop the vehicle, protect the scene, give first aid to the victim (if possible) and report to the police.

In addition, you need to stay calm, do not leave the scene, do not use stimulants, preserve vehicle documents and contact relatives, insurance companies or lawyers for support.

The person who caused the accident must proactively cooperate with the authorities to resolve the incident, and at the same time bear comprehensive legal responsibility, both criminal and civil (depending on the level of violation and consequences). If you intentionally avoid responsibility, you will face strict legal consequences, be condemned by society and leave lasting psychological effects.

According to statistics from the National Traffic Safety Committee, each year in Vietnam, nearly 10.000 people die in traffic accidents, of which the majority of victims are of working age.

This number not only causes huge losses in human resources but also leaves serious consequences for society.

Therefore, understanding and properly implementing the responsibilities of person causing the accident is not only a legal obligation but also a moral responsibility of every citizen. Follow the article below to learn how to handle situations if you unfortunately cause an accident.

What to Do Immediately After Causing an Accident?

When a traffic accident occurs, the person who caused it must stop the vehicle, ensure safety, give first aid to the victim and notify the authorities.

1. Stop the car

As soon as an accident occurs, the first and most important thing is that the driver must stop the vehicle immediately at the accident scene. Not only is this a liability, it also helps ensure safety and prevents the possibility of secondary accidents.

According to statistics from the National Traffic Safety Committee, about 20% of serious traffic accidents occur because the driver did not stop the vehicle in time after the initial collision.

2. Ensure safety and preserve the scene

After stopping the vehicle, the person causing the accident needs to quickly take measures to ensure safety at the scene:

• Turn on the vehicle's hazard warning lights.
• Place a triangle warning sign or reflective object at least 50m away from the scene to warn other vehicles.
• Move people and vehicles (if possible) out of the lane to avoid congestion and further accidents.
• Maintain the accident scene as much as possible to serve future investigation.

Securing the scene not only helps ensure safety but is also an important legal requirement. According to Article 38 of the Road Traffic Law, the vehicle driver and those directly involved in the accident are responsible for protecting the scene and preserving traces of the accident.

3. Give first aid to victims

The top priority after ensuring scene safety is to help injured people. The person causing the accident needs:

• Quickly assess the victim's condition.
• Immediately call emergency number 115.
• Provide basic first aid if possible and the victim's condition allows.
• If necessary and possible, take the victim to the nearest medical facility.

According to statistics from the World Health Organization (WHO), more than 60% of deaths due to traffic accidents occur within the first hour after the accident. Therefore, timely emergency treatment is extremely important and can save the lives of many victims.

Note: Absolutely do not move injured people unless qualified or when they are in a dangerous situation.

4. Report to the authorities

The person causing the accident must immediately notify the police or nearest local authority. When contacting authorities, the following information should be provided:

• Location of the accident.
• Number of vehicles and participants.
• Degree of injury (if any).
• Field condition.

According to regulations in Circular 58/2020/TT-BCA of the Ministry of Public Security, the maximum time for the police to be present at the scene from the time of receiving the notification is 15 minutes for inner city and urban areas. urban area and 30 minutes for other areas.

Important Notes When Causing Traffic Accidents

Handling the situation calmly and properly is extremely important if unfortunately causing a traffic accident. Below are some notes that accident victims need to understand:

• Stay calm: Avoid arguing with the victim or witnesses.
• Do not leave the scene: Leaving the scene will cause you to face more serious consequences according to the law.
• Do not consume alcohol or stimulants: This can affect the results of the alcohol test and increase your level of responsibility.
• Preserve your driver's license and vehicle documents: Bring all documents related to your vehicle and yourself.
• Contact relatives and insurance companies: Notify relatives and insurance companies (if any) about the incident for support.
• Seek legal assistance: If necessary, seek the advice of a lawyer to protect your rights.

Responsibility and Legality of People Causing Traffic Accidents

People who cause traffic accidents must actively cooperate with authorities, take responsibility for all consequences and be ready to face penalties according to the law.

1. Cooperate with authorities

The person causing the accident has the obligation to fully cooperate with the investigation agency in the process of clarifying the cause of the accident. Specifically:

• Provide truthful and complete information about accident developments.
• Present relevant documents such as driver's license, vehicle registration, and motor vehicle insurance.
• Comply with alcohol, drug and other stimulant testing requirements.
• Participate in field experiments if required.

According to Article 260 of the 2015 Penal Code, failure to cooperate or providing false information can be considered an act of concealing a crime and be criminally prosecuted with a prison sentence of up to 5 years.

2. Take responsibility for the consequences

Depending on the severity of the violation and the consequences, the person causing the accident may be held criminally or civilly responsible according to the provisions of law. Specifically:

• Criminal liability: Applicable in cases of accidents causing serious consequences such as death or serious injury. The person causing the accident may be prosecuted for criminal liability according to Article 260 of the 2015 Penal Code.
• Civil liability: Includes compensation for property damage, medical expenses, and compensation for mental damage to the victim or the victim's family. Compensation levels are specified in the 2015 Civil Code and related guiding documents.
• Administrative sanctions: Applicable in cases of minor accidents, not enough elements to constitute a crime. The fine is specified in Decree 100/2019/ND-CP on sanctioning administrative violations in the field of road and rail traffic.

3. Penalties for causing accidents according to each case

Penalties for those who cause traffic accidents will vary depending on the severity of the incident, including cases such as causing an accident leading to injury, causing death, fleeing the scene, or driving under the influence. effects of alcohol and drugs.

Case 1: Causing an accident but the victim is still alive

In case of causing an accident but the victim is still alive, the level of punishment depends on the level of damage and violation:

• If only causing property damage: The person causing the accident can be fined from 1-2 million VND according to Article 5, Decree 100/2019/ND-CP.
• If causing minor injury: In addition to a fine, the person causing the accident may have his or her driver's license revoked for 1-3 months.
• If causing serious injury (injury rate of 31% or more): Can be prosecuted for criminal liability according to Article 260 of the 2015 Penal Code, with a prison sentence of 3-10 years.

Case 2: Causing a fatal accident

Causing a personal injury is the most serious case. According to Article 260 of the 2015 Penal Code:

• Causing the death of 1 person or causing injury to 1 person with an injury rate of 61% or higher: Imprisonment from 3-10 years.
• Causing the death of 2 or more people: Imprisonment from 7-15 years.

In addition, the person who caused the accident must also pay civil compensation to the victim's family, including funeral expenses, alimony for the person the victim is obligated to support and other compensation as prescribed by law. law.

Case 3: Causing a hit-and-run accident

The act of fleeing after causing an accident is a serious violation of the law. According to Article 260 of the 2015 Penal Code:

• A person who causes an accident and flees can be sentenced to 2-7 years in prison.
• If the act of fleeing leads to particularly serious consequences (such as the victim's death due to lack of timely treatment), the penalty can be up to 12 years in prison.

Escaping is also considered an aggravating factor during trial, which can increase the penalty compared to the case of not fleeing.

Case 4: Causing an accident related to alcohol or drugs

Driving while using alcohol or drugs is a serious violation of the law. According to Article 260 of the 2015 Penal Code and Decree 100/2019/ND-CP:

• Causing an accident while having an alcohol concentration exceeding the prescribed limit or using drugs: Imprisonment from 7-15 years.
• In addition, the driver's license will be revoked for 22-24 months for alcohol violations and permanently revoked for drug use.
• Fines of 30-40 million VND for car drivers violating alcohol concentration, 6-8 million VND for motorbike drivers.

Consequences of Not Being Responsible After Causing an Accident

Evading responsibility after causing a traffic accident not only brings serious legal consequences but also causes many social and psychological consequences for both the causer and the victim.

1. Legal consequences

The person who caused the accident and fled will face heavier penalties when arrested. Specifically:

• Increase the penalty up to 50% according to Article 260 of the 2015 Penal Code.
• Can be charged with additional crimes of not helping people in danger (Article 132).
• Difficulty in making a defense due to loss of initial opportunity to explain.
• 90% of escapees are caught within 72 hours.

According to statistics from the Traffic Police Department, more than 90% of cases of fleeing after accidents are arrested within 72 hours, thanks to the surveillance camera system and the support of the people.

2. Social consequences

Socially, people who cause accidents and run away often face harsh condemnation from the community, leading to being ostracized in relationships and having difficulty at work.

According to a study by the Vietnam Institute of Sociology, 78% of people surveyed thought this behavior was morally unacceptable. This not only affects career opportunities but also causes that person to lose trust from family, friends and colleagues.

3. Psychological consequences

People who flee after causing an accident often suffer from lingering feelings of guilt, anxiety and stress due to fear of being discovered. They are also at high risk of depression and have difficulty forgiving themselves.

A study by the National Center for Mental Health found that 75% of escapees had psychological problems in the six months after the incident, significantly higher than those who remained at the scene and took responsibility.

Questions Revolving About Causing Traffic Accidents

1. If I cause an accident due to someone else's fault, am I responsible?

Are not. However, final responsibility will be determined after the investigation process. If determined not to be at fault, you will not be held liable.

In this case, you need:

• Stop the vehicle and take the necessary steps as stated in part 1.
• Provide sufficient evidence to prove that you are not at fault (dashboard cameras, witnesses, traces on the road).
• Cooperate with the investigation agency in the process of determining the cause of the accident.

Running away can make you look at fault, even if it wasn't your fault initially, so be careful.

2. How to handle accident situations related to the transportation of dangerous goods?

When an accident occurs involving the transportation of dangerous goods, drivers need to:

• Priority is given to evacuating people from dangerous areas within a radius of at least 100m.
• Notify the fire department and police immediately.
• Provide information about dangerous goods to rescue forces.
• Do not arbitrarily handle or move dangerous goods.

3. How to determine reasonable compensation for injuries?

Compensation level is determined based on:

• Incidence of disability (as determined by the Board of Medical Examiners).
• Income before accident.
• Treatment and recovery time.
• Medical expenses incurred.

Calculation formula: Compensation level = (Injury rate x Monthly income x 60 months) + Medical expenses

For example: With a disability rate of 30%, income of 10 million/month, medical expenses of 50 million, the compensation level will be: (30% x 10 million x 60) + 50 million = 230 million VND.

4. What accidents will car and truck insurance not cover?

Car and truck insurance Payment will not be made in the following cases:

• The driver did not have a valid driver's license.
• The driver was drunk or using stimulants.
• Vehicles carrying prohibited goods, contraband goods, and goods exceeding the allowed load.
• The car drove away voluntarily after the collision, causing an accident.
• The car owner intentionally caused an accident to gain insurance benefits.
• Damage occurs outside the insurance territory.
• The car was damaged during renovation and repair at the garage.
• Damage due to natural depreciation of the vehicle.

5. How long does it take to report an accident to the insurance company?

According to the regulations of most insurance companies in Vietnam, the deadline to report an accident is within 24 hours of the incident. However, some companies may allow up to 48 hours. Late reporting can lead to denial of compensation or reduction of payout ratio to 70-80%.

6. How to determine the error rate in traffic accidents?

Error rate is determined based on many factors such as:

• Evidence at the scene (brake marks, collision location).
• Testimony of related persons and witnesses.
• Data from dash cam or security camera.
• Results of alcohol and drug testing.

The investigating agency will analyze these factors together to determine the error rate, usually expressed as a percentage (for example, 70-30, 50-50).

7. Is it allowed to move the vehicle after an accident?

Yes, but it depends on each case. Vehicles are allowed to move vehicles in the following cases:

• Causes serious traffic obstruction.
• There is a risk of fire and explosion.
• The accident was minor and the parties agreed on the level of damage.

However, it is necessary to take detailed photos of the scene before moving and obtain the consent of the traffic police (if present). In 90% of cases, vehicles are moved without the consent of the authorities, leading to difficulties in determining the cause of the accident.

8. How does the insurance appraisal process happen after an accident?

The car insurance appraisal process after an accident usually includes:

• Report the accident to the insurance company.
• Inspector arrives on site or garage within 24-48 hours.
• Inspect and photograph damage.
• Verify information with authorities.
• Prepare inspection records and estimate repair costs.
• Approve and pay compensation (usually within 7-14 business days).

9. Which unit inspects and maintains vehicles after an accident in a professional and reputable manner?

Thanh Phong Auto is a center for car maintenance and repair Providing reputable auto insurance in HCM. With professional services, Thanh Phong Auto can solve both insurance and vehicle repair issues after accidents quickly, saving customers' time and effort.

Reasons to use the service at Thanh Phong Auto:

• Quick process: Insurance compensation and vehicle repair processing are done synchronously, helping to shorten waiting time.
• High expertise: The staff is highly trained in both insurance and automotive engineering, ensuring service quality.
• Transparency in costs: Customers are consulted in detail about the extent of damage, repair costs and insurance compensation levels.
• Guaranteed benefits: With a dual role, Thanh Phong Auto can ensure customers receive reasonable compensation and quality repair services.
• After-sales support: Provide warranty service and technical support after repair.
• Cost savings: Can provide combined service packages with preferential prices for customers.

With these advantages, Thanh Phong Auto is a reliable choice for those who need to solve insurance and insurance problems Car repair after accident.

Hopefully through the article, you will better understand these Be careful when causing traffic accidents. Please act calmly to avoid breaking the law.