The saying goes that "the road is a dangerous place," and traffic accidents are a common cause of incidents in Taiwan. Often, minor collisions occur that drivers might not even realize have happened, nor do they stop to call for an ambulance at the time. Still, days later, they might receive a notice accusing them of hit-and-run. So, what exactly constitutes a hit-and-run?

Essential Elements of Hit-and-Run

The purpose of the hit-and-run law is to ensure that drivers provide immediate assistance to victims in order to reduce fatalities and injuries. According to Article 185-4 of the Criminal Code, drivers of motor vehicles who cause injury in a traffic accident and flee the scene are subject to imprisonment from six months up to five years; if the accident results in death or serious injury and the driver flees, the imprisonment can be from one year up to seven years. Thus, the elements of a hit-and-run offense include:

1. Operating a motor vehicle: In legal terms, a motor vehicle is powered by electricity or an engine, unlike purely human-powered vehicles like bicycles.
2. Involvement in a traffic accident: According to Judicial Yuan Interpretation No. 777, the term used initially was "causing an accident," which was later changed to "involvement in a traffic accident" for clarity and specificity.
3. Resulting in casualties: This covers all injuries, whether minor or severe, including fatalities. Note that even if no injuries occur, there could still be administrative penalties under Article 62 of the Road Traffic Management and Penalty Act.
4. Fleeing the scene: The legislative intent is to ensure that victims receive immediate care. The person responsible should stay at the scene, identify themselves to the victims or police, notify authorities as needed, assist the injured with medical attention, and manage the accident scene appropriately.

Case Background

After understanding the elements of hit-and-run, one might wonder if leaving the scene after checking that everyone is okay and calling for help still counts as fleeing. In one case, a client named Xiao De was driving home at night. After a busy day, he accidentally ran a red light and heard a crash behind him. Looking in his rear mirror, he saw a motorcycle had fallen. Acting in good faith, he stopped to help the injured and called an ambulance. After the ambulance took the injured away, he resumed his journey home. Later, he was shocked to be accused of hit-and-run, despite not realizing he was primarily responsible for the accident and ensuring the injured were taken care of before leaving.

Court Decision: Not Guilty

Our firm believes that even after the amendment of Interpretation No. 777, the term "fleeing" remains vague and does not specify the duties of a driver after an accident. The primary obligations include remaining at the scene and assisting the injured. Identifying oneself, notifying the police, assisting in clarifying accident responsibilities, and managing the scene are not the main purposes of the punishment but are additional duties that contribute to public safety. Whether these actions constitute fleeing should depend on the specific circumstances of each case. If the driver has fulfilled their duties of staying at the scene and assisting the injured, this generally satisfies the primary legislative intent of the law. Other actions are related to criminal, civil, or administrative responsibilities arising from traffic violations and should not be overly penalized under the term "fleeing." Ultimately, our firm secured a not-guilty verdict for our client, clearing up a misunderstanding.

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