Failure to Perform the Duties of a Driver to Injured Persons

[ufkacbln]

A story from the States....

Amongst other charges the driver has been charged with "Failure to Perform the Duties of a Driver to Injured Persons"

The question is whether such a law should be introduced in the UK?

Part of me says that it would be a good thing to formalise what should be a moral obligation, and that it would be a useful stick to beat a hit and run with.

The other says that if an individual is callous enough to leave in the first place then it would make no difference

Should we introduce such a thing

 

[yello]

I thought there was some kind of 'good samaritan' law already, albeit it a more general one than for just drivers.

I believe such a thing exists here in France.

 

[yello]

Ah yes, but if one doesn't exist already then should one? One for P&L perhaps, given the moral/ethical nature of the debate!

I'd think it pretty awkward to codify a level of expectation/action from a good samaritan. Should more be expected of, say, a nurse or doctor than a layman. Should one only be expected to make a phone call? Or would it just be some kind of general 'do something' level of expectation?

Perhaps even the existence of such a law could well frighten people away from doing something that they might naturally do anyway.

I can well understand the intentions but my initial gut feel is to leave it alone, i.e. not attempt to legislate in this area.

 

[downfader]

I thought there was some kind of 'good samaritan' law already, albeit it a more general one than for just drivers.

I believe such a thing exists here in France.

There is no law to oblige anyone to help an injured or dying party. I think many people will already have an in-built incentive to help anyway, and once they realise there are people helping they either leave or stand and watch.

There was a law of Offending Public Decency, iirc.. or something similar. Essentially it said something about how we shouldnt just pitch up a seat and eat popcorn whilst someone died.

Cunobelin, surely we already have the Leaving the Scene law? Wouldnt that cover it?

 

[Brains]

Many countries have a 'Good Samaritan' Law including most of northern Europe. I seem to remember there was an attempt to make a European wide law a few years back but a number of countries, including the UK, objected

 

[ufkacbln]

Cunobelin, surely we already have the Leaving the Scene law? Wouldnt that cover it?

It is not a specific offence like it is in the States.

 

[Gibbyent]

There is no law, health care professionals can be disciplined or lose their registration for failing to help as they have a duty of care.
I would oppose a law as you would then get people who did the wrong thing and caused damage because they felt obliged to do something.
You need to make sure people have the right skills before you force them to help. Aggravated failure to stop if you have caused an injury or failure to call the emergency services would be better.

 

[Tynan]

I researched this once covering this as part of a law essay on Omissions

The French law is hard to make stick if someone fights it, it's quite to prove someone knew some one else needs help from them, and you still have the right to protect yourself first from perceived danger