NEW: I Panicked and Left the Scene of an Accident — What Happens Now?
- Patrick Horan
- 1 day ago
- 4 min read
Hit and Run in Ireland – What Happens Next?
When people picture a “hit and run driver,” they imagine someone cold and calculated — hitting another car and speeding away without a thought.
The truth is often very different.
Most of the people I meet who left the scene weren’t thinking at all.
They panicked. Their body went into fight-or-flight.
Their brain said one word: drive.
And once the panic passes, they’re left with a sick feeling in their stomach and a question they can’t shake: Have I just ruined my life?
"In R v Morris (1972), Justice Sachs called an accident
“an unintended occurrence which has an
adverse physical result.”
Panic versus the law
The law doesn’t make room for panic.
Under Section 106 of the Road Traffic Act 1961, you must:
Stop your vehicle immediately.
Stay at or near the scene for a “reasonable time.”
Exchange your name, address, registration and insurance details.
Give help to anyone injured.
Report the accident to Gardaí if you cannot exchange details at the scene.
It makes no difference whether you fled out of fear or calculation.
The court only sees the fact that you drove away.
That gap — between the human panic and the legal response — is where most people get trapped.
What counts as an accident?
The courts have long struggled to define it. In R v Morris (1972), Justice Sachs called an accident “an unintended occurrence which has an adverse physical result.”
That covers much more than two cars colliding.
Scraping a parked vehicle, knocking down a wall, hitting a ditch or even colliding with an animal — all can trigger the legal duties.
Common misconceptions
“It was only me and the ditch.”
Even single-vehicle crashes must be reported to Gardaí. Many people don’t know this.
“No one was hurt, so I didn’t need to stop.”
Wrong. You still must provide details or report.
“If I didn’t realise, I’m guilty anyway.”
Not true. In Hampson v Powell (1970), the court confirmed you can’t be convicted unless you knew — or reasonably should have known — that an accident happened.
Insurance reality check
Even if you are convinced you weren’t at fault, your insurer may still settle against you.
Most policies allow them to close files however they see fit.
It’s often cheaper for them to settle quickly than fight in court.
That feels unfair, but it’s how the system works.
Penalties for hit and run in Ireland
Penalties vary depending on circumstances.
Minor cases: fines and penalty points.
More serious: disqualification is possible. Judges have discretion.
If someone is injured and you fail to help: a Circuit Criminal Court prosecution is likely, with the risk of a prison sentence.
"He went straight to the Garda station and
handed himself in, acknowledging that he
was the driver of the car that had hit her and drove away.
He was prosecuted for dangerous driving
causing serious bodily harm, hit and run and drink driving.
He was jailed for 9 months"
Practical steps after a crash
Stop and make the scene safe.
Check for injuries, call emergency services if needed.
Exchange details with the other driver.
Photograph the scene and damage.
If you can’t exchange details, report to Gardaí immediately.
Real Life Case
I represented a man who had been involved in a hit and run incident.
This was a serious case. He had been drinking in a pub and drove home.
He crashed into something but in his drunken state was not aware of what that was, reversed and drove away.
The next morning he was scrolling on Facebook in bed when he saw a report of a bad accident the night before.
He was filled with dread and rushed outside to examine his car.
He noticed significant damage to the front of his car.
He realised then that he had crashed into the vehicle the night before.
A woman had been travelling in the other car and was very badly injured.
"Judges know the difference between a
hardened criminal and an ordinary driver who froze.
The key is acting quickly, being honest, and getting proper advice"
He went straight to the Garda station and handed himself in, acknowledging that he was the driver of the car that had hit her and drove away.
He was prosecuted for dangerous driving causing serious bodily harm, hit and run and drink driving.
He was jailed for 9 months.
An extreme case no doubt, but it does shed some light on the court's views of hit and run accidents that cause injuries.
But in 95% of hit and run cases, there is no injury caused to anyone else, and jail is highly unlikely, especially for first time offenders.
The bigger picture
Here’s what I see again and again: people don’t flee because they don’t care.
They flee because they’re terrified.
But the law doesn’t weigh up motives in those first moments.
It only looks at whether you stopped, helped, and reported.
The good news? Panic doesn’t have to define the outcome.
Courts listen.
Judges know the difference between a hardened criminal and an ordinary driver who froze. The key is acting quickly, being honest, and getting proper advice.
So it’s important to get good, experienced road traffic advice.
After all, it’s the choice between going off the road or driving home.
And everyone wants to drive home.
FAQs
Do I always have to call the Gardaí after an accident?
Yes, if you cannot exchange details or if anyone is injured.
Even single-vehicle accidents (like hitting a ditch) must be reported.
What is the penalty for leaving the scene of an accident in Ireland?
It can range from fines to disqualification to prison.
Severity depends on whether anyone was injured and what steps you took afterwards.
Will I automatically lose my licence for hit and run?
Not automatically. Judges have discretion. But if convicted, disqualification is always on the table.
What if I panicked and drove off?
You’re not alone. Panic is common. What matters is what you do next — stop, report, cooperate, and seek advice.
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