If the Other Party Says They’re Fine and Leaves After a Car Accident, Can the Driver Also Leave Immediately? Student Departs Scene to Get to School, Driver Faces Hit-and-Run Charges for Not Reporting

After a traffic accident, if the other party appears unharmed or even leaves the scene first, can the other driver also leave? A similar incident recently occurred in Taoyuan, where a junior high school student crossing the road was struck by a turning SUV. The student did not fall and left the scene to get to school on time. The SUV driver got out of the vehicle but couldn’t find the student and did not report the incident. That evening, the student went to the hospital for injury assessment and filed a police report. Authorities stated the driver violated pedestrian right-of-way rules and will be referred for prosecution on suspicion of hit-and-run, as the accident resulted in injury. Under current regulations, even if the other party leaves first, this does not absolve the driver of their legal duties. If injuries are later confirmed, administrative and criminal liabilities may still arise.

Student Leaves to Attend School; Driver Faces Hit-and-Run Charges for Failing to Report

According to TVBS News, the incident occurred around 7:00 a.m. on September 18, 2026, at the intersection of Jieshou Road and Heping Road in Bade District, Taoyuan City. A middle school student was crossing the road when an SUV turning from Heping Road collided with them. After the collision, the student remained standing and left for school due to time constraints. The SUV driver exited the vehicle but failed to locate the student and did not contact the police. Later that evening, the student visited a hospital for injury evaluation and reported the incident to the police. Authorities indicated the driver would be processed for failing to yield to a pedestrian and referred for prosecution on suspicion of hit-and-run, as the student sustained injuries. However, this referral is currently at the investigative stage and does not mean the driver has been convicted. Whether the criminal offense of leaving the scene of an accident under Taiwan’s Criminal Code is established will ultimately be determined by judicial authorities based on evidence and circumstances.

If the Other Party Leaves First, Can I Also Leave the Scene?

Many drivers may wonder: if the other party leaves voluntarily after a collision, am I still required to stay or report the incident? Article 62 of the Road Traffic Management Penalty Act stipulates that drivers involved in accidents resulting in injury or death must immediately provide assistance, follow prescribed procedures, and notify the police. Violators face fines between NT$3,000 and NT$9,000. Drivers who flee after causing injury may also have their licenses revoked.

Under current law, even if the other party departs first, the driver’s obligation to report and assist does not disappear. The National Police Agency’s “Road User Safety Handbook” emphasizes that after any traffic accident, drivers must implement necessary actions such as providing aid and reporting to police, and must not leave the scene arbitrarily—even if they believe they are not at fault. Doing so may still lead to allegations of hit-and-run. Legal responsibility depends on whether injuries occurred and whether the driver fulfilled statutory duties.

Why Is There Risk Even If the Other Person Seems Uninjured at First?

Immediately after an accident, some injuries may not show obvious symptoms. Victims might walk, ride, or leave the scene normally but experience pain, abrasions, or discomfort later. In this Taoyuan case, the student did not fall after impact and proceeded to school, but still sought medical care and filed a report that evening. Therefore, just because someone can walk away does not mean no injury occurred. Regulations require drivers to provide assistance and notify police whenever injuries are involved. Even if the other party has already left, drivers should report the time, location, and details of the incident and preserve evidence such as dashcam footage and photos.

Does Failing to Report Automatically Mean Guilt for Hit-and-Run?

Not necessarily. Administrative obligations regarding accident reporting differ from criminal liability under the Criminal Code. Article 185-4 of the Criminal Code states that drivers of motorized vehicles who cause injury in a traffic accident and then flee face imprisonment from six months to five years. If the accident results in death or serious injury, the penalty increases to one to seven years. Mitigation or exemption applies if the driver had no fault in the accident.

The 2021 amendment changed the term from “causing an accident” to “being involved in a traffic accident,” reflecting broader intent to ensure victim care, clarify responsibility, and maintain road safety. However, failing to report does not automatically equate to criminal hit-and-run. Prosecutors and courts assess each case individually, considering the driver’s awareness of injury, reasons for leaving, and overall circumstances before determining guilt.

What Should a Driver Do If the Other Party Has Already Left?

If you collide with a pedestrian or motorcyclist and find they’ve already left upon checking, you should still call 110 to report the incident. Explain the time, location, circumstances, and that the other party departed. Preserve dashcam recordings and scene photos. Current regulations require drivers to assist, follow procedures, and notify police if the accident involves injury or death. Even if injury isn’t immediately evident, documentation helps clarify events and responsibilities later. As seen in this case, even if the other party leaves, drivers may still face scrutiny over whether they met legal requirements—especially if injuries are later confirmed or pedestrians were involved.

References: TVBS News “Middle School Student Hit by SUV in Taoyuan, Rushes to School; Driver Faces Hit-and-Run Charges for Not Reporting,” National Police Agency’s “Road User Safety Handbook,” Road Traffic Management Penalty Act Article 62, Criminal Code Article 185-4. This article summarizes current laws and public sources. Actual legal liability depends on case-specific facts, evidence, and final judicial determination.