Penalty for Hit-and-Run in Tilburg
In Tilburg, leaving the scene of a traffic accident, also known as 'hit and run', is a serious offense. Drivers who leave the incident site without providing assistance or notifying the police risk hefty fines, driving bans, and even imprisonment. This depends on the damage and injuries sustained, and local cases are handled by the District Court of Zeeland-West-Brabant in Breda.
What Does Hit-and-Run Entail?
Hit-and-run means a driver leaves the scene without providing identification, offering assistance, or contacting the authorities. This not only obstructs emergency services and investigations but is also punishable by law. In Tilburg, it often occurs in minor collisions in the city center or on the Ringbaan, but also in serious crashes involving injuries. The term hit-and-run penalty refers to the legal sanctions.
Legal Basis
The penalty for hit-and-run is enshrined in the Road Traffic Act 1994 (WVW). Article 7 WVW requires drivers to stop, provide assistance, exchange details, and secure the location until the police arrive or the matter is resolved.
- Article 7 paragraph 1 WVW: Stop and provide assistance.
- Article 7 paragraph 3 WVW: Penalty for non-compliance as an offense.
In cases involving injury or risk to health, the Criminal Code (Sr), Article 141 Sr applies. Penalty: up to three months' detention or a fine of up to €9,900 (Article 33 Sr). In the event of a fatality, up to two years' imprisonment. The Public Prosecutor may impose a driving disqualification pursuant to Article 164 WVW.
Examples from Tilburg
Example: You cause a dent in a car on Heuvelstraat in Tilburg and drive off out of embarrassment. The witness alerts the police, and camera footage leads to you. Result: €400 fine and endorsement. A typical light hit-and-run penalty.
More serious: On Ringbaan West, you hit a cyclist who sustains serious injuries. You leave without providing help. The victim dies. Penalty: up to two years in prison, plus a long-term driving ban. Such cases are heard at the District Court of Zeeland-West-Brabant (Breda) and may result in personal injury claims.
Comparison of Penalties
| Situation | Legal Basis | Possible Penalty |
|---|---|---|
| Minor damage, no injury | Art. 7 WVW (offense) | Fine up to €9,900, driving ban up to 6 months |
| Injury or risk to health | Art. 141 Sr (crime) | Detention up to 3 months, fine, driving ban up to 5 years |
| Fatality | Art. 141 Sr + Art. 7 WVW | Imprisonment up to 2 years, lifelong driving ban |
Rights and Obligations in Tilburg
As a driver, you must stop, call 112 if there are injuries, exchange details, and notify the police in case of damage exceeding €750 or any injuries.
- Assistance to victims takes priority.
- Exchange details.
- Notify police for serious incidents.
Rights as a suspect: right to a lawyer (Art. 40 Constitution), right to remain silent, fair trial. Victims can claim compensation under Art. 6:162 Civil Code. In Tilburg: free advice available at the Tilburg Legal Aid Office. Civil liability: full responsibility for costs and pain and suffering compensation. See also personal injury after traffic accident.
Frequently Asked Questions
Hit-and-Run Out of Panic in Tilburg?
Panic is not an excuse. The judge considers the context, but Article 7 WVW still applies. Stop and call the police to explain.
Fine for a Minor Accident?
Often €350-€500 plus costs; repeat offenses up to the maximum fine. The Municipality of Tilburg often identifies cases via ANPR cameras.
Losing Your License Due to Hit-and-Run?
Yes, from months to lifelong, imposed by the court or CBR.
No Fault, But Left the Scene?
Fault influences the penalty, but the duty to stop remains. Consult the Tilburg Legal Aid Office.