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Drivers Can Continue To Leave The Scene Of An Accident.
Leaving the scene of an traffic accident is a national problem and the approval of the reforms to the Ley de Tránsito, which is soon expected to become law, will not change the problem.
According to the latest figures by the Poder Judicial, a total of 229 drivers fled the scene of a traffic accident in 2006 and 2007. Poder officials expected a higher number for this year.
The problem is due to the Sala IV (Constitutional Court) decision of February 3, 1993, that gives a driver the right to not have to remain at the scene of an accident, fatal or otherwise, and incriminate oneself.
The Court decision overrides the regulations of the current Ley de Tránsito and its reforms to be enacted.
However, the fact that a driver flees the scene of an accident does not negate his or her liability.
Drivers, although they cannot be charged with fleeing the scene, can be held liable and charged with not providing assistance, causing bodily damage and homicide.
In the reforms to the Ley de Tránsito, causing death while intoxicate or due to reckless driving, can result in a prison term.
For Tránsito this (the leaving of a scene of an accident) is an absurdity. Huanelge Gutiérrez, subdirector of Tránsito, made his opinion very clear “it is a total irresponsibility to leave the scene”.
Legisltaor Andrea Morales and head of the commision that worked on the Ley de Tránsito feels that in some cases it is understandable, but does not share the opinion of a driver who flees the scene.
The latest case of a hit and run occurred this week. Wilmar Henao, a Colombian cyclist trainer was hit by a vehicle while running in Desamaparados and died at the scene. The driver fled the scene and has apprehended the day later by security guards at his place of work.
In many cases the victims of traffic accidents at the hands of a fleeing motorist are not so lucky. Lack of witnesses at the scene or witnesses that are willing to get involved.
In cases where liquor at wheel was involved, the drivers have turned themselves in after they have sobered up. Another problem that will continue for Tránsito officials.
We all know that there are many stupid laws passed by many stupid people in many places – What is it exactly that you want to discuss here?
Hmmm . . . So in the course of two years, 229 drivers left the scene of accidents, about 115 per year. This is in a population of some four million people who collectively have one of the highest accident rates in the world. To get a true sense of the significance of this number, we need to know the total number of reported accidents for those two years. With that information we can compute a rate which we can compare to similar rates in other populations.
Do you have this data?
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