What if you are involved in a traffic accident?
It is always possible that you may become involved in a traffic accident. But what should you do then? What are you allowed to do? And what should you absolutely not do?
In this Wanted Fact, we go through the steps you should follow.
The first rule in any traffic accident is this: make sure everyone is safe first, make the accident scene visible, check whether there are any injured persons and, in case of injury, call 112 immediately.
Moving the vehicle – parking the vehicle after an accident
According to Article 52.1 of the Highway Code (formally the Royal Decree of 1 December 1975 laying down the general regulations on road traffic policing and the use of public roads), every person involved in an accident is obliged to take the necessary measures to ensure road safety and the smooth flow of traffic. A distinction must be made here between an accident involving bodily injury and an accident involving material damage only.
In the case of an accident involving bodily injury, it is not mandatory to move the vehicle (Article 52.1, third paragraph of the Highway Code). You may do so, but you are not required to.
In the case of an accident involving material damage only, the driver of the damaged vehicle must position the vehicle as if it were parked (Article 51.1, second paragraph of the Highway Code). It is always advisable either to take photographs or to mark the position of the different vehicles on the ground in order to avoid disputes afterwards.
Placing the warning triangle
When a vehicle cannot be moved or parked safely, the driver must signal this from a distance by using a warning triangle (Article 51.1, second paragraph of the Highway Code). A warning triangle is mandatory equipment that must be present in every vehicle pursuant to Article 81.2, 1° of the Highway Code. The warning triangle only has to be placed when the vehicle cannot be moved to the side of the road (Brussels, 23 November 1991, R.G.A.R., 1994, no. 12,337).
In addition to using a warning triangle, the driver may also use other signalling devices, such as switching on the vehicle’s hazard lights or using a portable amber flashing light (Article 51.1, third paragraph of the Highway Code).
The warning triangle must be placed in accordance with the Highway Code, as described in Article 51.2, first paragraph:
- on an ordinary road: at a distance of at least 30 metres;
- on a motorway: at a distance of at least 100 metres.
Within built-up areas, and in places where a distance of 30 metres is not possible, the warning triangle may be placed at a shorter distance and, if necessary, even on the vehicle itself (Article 51.2, second paragraph of the Highway Code). In any event, the triangle must be placed in front of the vehicle in a vertical position. The key point is that it must be clearly visible from afar so that the disabled vehicle does not create an unforeseeable obstacle.
If a load falls wholly or partly onto the public road and cannot be removed immediately, the driver must take the necessary measures to ensure safety and the smooth flow of traffic and must signal the obstruction (Article 51.3 of the Highway Code).
Wearing a high-visibility vest
In addition, the driver of a disabled vehicle is required to wear a retro-reflective safety vest, in other words a high-visibility vest, as soon as he or she leaves the vehicle when, on a motorway or expressway, the vehicle ends up in a place where stopping or parking is not permitted (Article 51.4 of the Highway Code).
Accident involving bodily injury – additional obligations
Where an accident involves bodily injury, Article 52.3 of the Highway Code imposes additional obligations on every person involved.
First, any person involved in an accident involving bodily injury must, where necessary, assist the injured persons.
In addition, if he or she is older than fifteen years of age, that person must show his or her identity card to the other persons involved in the accident if they request it.
Finally, that person must also remain at the scene to allow a competent officer to make the necessary findings. Those findings must therefore be made by an officer. If no competent officer can be reached within a reasonable time, the persons involved must report the accident within 24 hours at the latest, either to the nearest police station or to the police station of their home or place of residence.
Accident involving material damage only – exchanging information and remaining at the scene
Even in the case of an accident involving material damage only, the drivers involved have additional obligations under Article 52.2 of the Highway Code.
Drivers involved in the accident who are older than fifteen years of age must also exchange their identities.
The parties must also remain at the scene in order to make the necessary findings together. If the parties do not agree, the findings must also be made by a competent officer. If no competent officer can be reached within a reasonable time, the persons involved may report the accident as soon as possible, either to the nearest police station or to the police station of their home or place of residence.
If the party that suffered damage is not present, for example when a parked vehicle is hit, the persons involved in the accident must, as far as possible, leave their name and address at the scene and, in any event, those details must be communicated as soon as possible, either directly or through the police.
Every person involved in an accident must remain at the scene and make the necessary findings. Anyone involved in an accident who fails to do so commits an offence under the road traffic regulations and may face criminal prosecution for hit and run.
According to case law of the Court of Cassation (Cass. (2nd chamber) AR P.22.0796.N, 8 November 2022 (A C V J), https://juportal.be/), hit and run exists from the moment the driver of a vehicle knows that the vehicle caused or gave rise to a road traffic accident and flees in order to avoid the necessary findings being made. This required intent must be present at the time of fleeing (Article 33, §1, 1° of the Road Traffic Act). It is also irrelevant whether or not the accident was the driver’s fault. It is therefore necessary to make, or have made, the necessary findings, not least because those findings help determine liability for the accident. In cases involving material damage only, the joint findings will therefore usually be made by the parties themselves. Insurance companies provide a standard accident statement form for that purpose. Caution is required here as well.