Lawyer for leaving the accident scene in Bucharest
Did you leave the scene of a road event and are now under criminal investigation?Not every departure from the scene is an offence. What matters is whether there was an accident within the meaning of the law and whether you were aware of it.I review the concrete situation and we establish what can be proven in your defence.
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What is your situation now?
Choose the scenario closest to your situation.
You did not notice the impact
In car parks or during slow manoeuvres, light contacts may go unnoticed. Without awareness of the accident, the intent required by law cannot be established.
You left to transport an injured person
The law provides situations in which the act is not an offence, including transporting the injured to hospital followed by an immediate return to the scene.
You returned later or reported to the police
Voluntarily reporting to the police and your subsequent conduct matter in the assessment of the case and in sentencing.
You left because alcohol was involved
In such cases several charges may be combined, and the defence is coordinated with the one in a drunk driving case.
What I review immediately in this type of case
I check:
- whether the event qualifies as a road accident within the meaning of the law;
- whether there were injured persons or only material damage;
- whether you were aware of the impact;
- video recordings from traffic, car parks or dashcams;
- the damage to both vehicles and their compatibility;
- witness statements and those of the other party;
- when and how you were identified;
- whether you subsequently reported to the police;
- whether one of the statutory exceptions applies;
- any related charges in the same case;
- the possibility of covering the damage and its effect on the civil claim;
- whether a technical vehicle expert report is appropriate.
What you should send me
If you have them, send me:
- the summons or ordinance received;
- the police report;
- photographs of the damage to your car;
- dashcam or CCTV recordings;
- the vehicle documents and the insurance policy;
- medical documents, if you transported an injured person;
- the details of any witnesses.
If you have no documents, describe to me the place, the time and how the contact occurred.
What art. 338 of the Criminal Code provides
Leaving the scene of an accident without the approval of the police officers carrying out the on-site investigation is an offence under art. 338 of the Criminal Code.
The same provision also punishes altering or removing the traces of the accident in order to conceal the circumstances in which it occurred.
The text concerns accidents resulting in the death or injury of a person.
Situations in which the act is not an offence
The law provides limited exceptions, including:
- accidents resulting only in material damage;
- the driver personally transports the injured to the nearest medical unit and returns immediately to the scene;
- the driver, in the absence of other means of transport, transports the injured person and returns to the scene;
- situations in which the driver is himself injured and taken for medical care.
These situations are interpreted strictly and must be proven with documents and witnesses.
Lack of intent and unperceived impact
The offence requires intent. If the driver was not aware of the accident, the subjective element is not met.
This defence is supported by objective data: low speed, the type of damage, background noise, the position of the vehicles and visibility from inside the car.
Combination with other road offences
Leaving the accident scene frequently appears alongside other charges, such as driving without a licence.
The defence must be built as a whole, because arguments on one charge directly influence the others.
Civil claims and the insurer
The injured person may bring civil claims within the criminal proceedings. Covering the damage or reaching a settlement may influence the civil outcome and sentencing.
I also review how the motor insurer intervenes and the limits of cover, so that your own liability is correctly established.
Frequently asked questions
If there was only material damage, is it an offence?
No. The provision concerns accidents resulting in injury or death. Material damage is dealt with under the Road Code.I left because I did not feel the impact. What can I do?
Lack of awareness of the accident removes intent. This is proven with images, damage analysis, witnesses and, if needed, a technical expert report.I took the victim to hospital and did not return. Does the exception apply?
The law requires an immediate return to the scene. If you did not return, the concrete reasons, including your own medical condition, are examined.I reported to the police the next day. Does it matter?
Yes. Voluntary reporting does not automatically remove liability, but it is an important element in assessing conduct and in sentencing.What happens to my driving licence?
The licence may be withheld and the right to drive suspended during the proceedings. The final situation depends on the outcome of the case.Does a settlement with the injured person close the case?
Prosecution does not depend on a prior complaint here. A settlement may resolve the civil claim and influence sentencing.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Legislative Portal - Criminal Code, art. 338 on leaving the accident scene. (Legislation)
- Legislative Portal - Criminal Procedure Code, provisions on evidence and expert reports. (Legislation)