謙聖國際法律事務所

1. What Constitutes Hit-and-Run Under Taiwan Law?

Hit-and-run is a criminal offense under Article 185-4 of Taiwan's Criminal Code. It concerns drivers who leave the scene of a traffic accident involving injury or death without fulfilling the legally required responsibilities. The offense is separate from determining who caused the accident. A driver may therefore face hit-and-run allegations even when the other party was primarily responsible for the collision.

1.1 Criminal Code Article 185-4 and Criminal Penalties

Article 185-4 applies to drivers of motor-powered vehicles involved in traffic accidents that cause injury or death.

• Where an accident causes injury and the driver unlawfully leaves the scene, the statutory penalty is imprisonment for six months to five years.
• Where the accident results in death or serious bodily injury, the penalty is imprisonment for one to seven years.

The statute also provides for possible mitigation or exemption from punishment where the accident was not caused by the driver's negligence, subject to the applicable legal requirements.

➟These penalties demonstrate why even a seemingly minor collision should be handled carefully.

1.2 Legal Elements of a Hit-and-Run Offense

A hit-and-run prosecution generally requires proof of several essential elements.

The defendant must have been driving a motor-powered vehicle, a traffic accident must have occurred, and the accident must have resulted in another person's injury or death. The prosecution must also establish the relevant mental element and conduct constituting unlawful departure from the scene. Whether the driver knew about the accident, understood the relevant circumstances, and fulfilled the necessary accident-related duties may be important.

Simply leaving the scene does not automatically establish every element of the offense. Courts must examine the complete circumstances and available evidence.

2. Can You Be Charged If the Other Driver Says They Are Fine?

Yes, potentially. One common hit-and-run scenario involves a minor collision where both drivers initially agree that no further action is necessary.

The situation becomes more complicated when one party later seeks medical treatment and reports the incident to the police. The statement "I'm fine" does not automatically eliminate criminal liability, but it may be relevant when determining the driver's knowledge and intent.

2.1 Why Verbal Agreement Does Not Automatically Eliminate Liability

Hit-and-run laws are intended to protect the life and physical safety of traffic accident victims and ensure that necessary assistance and identification can be provided. A verbal agreement to leave does not necessarily establish that the driver fulfilled all relevant legal obligations.

For example, if a driver knows that another person was injured but leaves without providing necessary assistance or identification, the fact that the other person initially agreed to leave may not be sufficient to avoid criminal liability. However, courts must consider whether the parties clearly understood the circumstances, exchanged identifying information, and reasonably believed that no further assistance was required. A genuine agreement supported by objective evidence may be relevant to the defense, depending on the facts.

2.2 What If the Other Party Reports Injuries Later?

Some accident-related injuries are not immediately apparent. A person may initially feel fine but later experience dizziness, muscle pain, or other symptoms. If medical records subsequently establish an injury connected to the accident, the driver who left may become the subject of a hit-and-run investigation.

Nevertheless, a later medical diagnosis does not automatically prove that the departing driver committed a criminal offense. The prosecution must still establish the statutory requirements, including the relevant knowledge and circumstances of departure.

⚠️Evidence showing what the parties said, how they behaved, and what information was available at the scene may become particularly important.

3. What Should You Do Immediately After a Traffic Accident?

Following proper accident procedures can reduce the risk of criminal allegations and preserve evidence for insurance and liability disputes. Even when the collision appears minor, drivers should prioritize safety, check for injuries, and document the incident.

3.1 Stopping, Checking Injuries, and Reporting the Accident

After a collision, stop safely and activate hazard warning lights. If necessary, use appropriate warning equipment to alert approaching traffic. Check whether anyone is injured. If medical assistance is required, call 119. Contact the police at 110 to report the accident and obtain instructions. Even if the other party claims to be uninjured, reporting the incident is generally the safest approach when there is uncertainty about injuries or legal responsibilities.

💡Drivers should also exchange relevant information, including names, contact details, license plate numbers, and insurance information. Police documentation may later assist in determining the accident circumstances and handling insurance claims.

3.2 Preserving Evidence and Moving Vehicles Safely

Take photographs or videos showing vehicle positions, damage, road conditions, traffic signals, license plates, and other relevant details. Preserve dashcam recordings and obtain witness contact information where possible.

Vehicles and accident evidence should not be moved arbitrarily. However, Taiwan's traffic regulations require or permit vehicles to be moved under specified circumstances, including certain accidents involving no injuries where vehicles remain operable.

Before moving vehicles, drivers should document or mark their positions as required. Where someone is injured, vehicle movement should be handled according to the applicable rules and police instructions, unless urgent rescue or safety considerations require immediate action.

➟Protecting injured persons and preventing secondary accidents should remain the priority‼️

4. Can You Be Guilty of Hit-and-Run Without Causing the Accident?

Yes. Responsibility for causing a traffic accident and criminal liability for leaving the scene are separate legal questions. A driver who was not negligent in causing the collision may still need to comply with accident-related duties.

However, the absence of negligence may affect punishment under Article 185-4.

4.1 Accident Responsibility Versus Hit-and-Run Liability

A driver does not necessarily avoid hit-and-run liability merely because the other party violated traffic rules or caused the collision. The legal analysis focuses on whether the accident involved injury or death, the driver's knowledge, and whether the departure satisfies the statutory requirements.

Importantly, Article 185-4 allows mitigation or exemption from punishment in qualifying circumstances where the accident was not caused by the driver's negligence. This means that lack of accident responsibility is legally significant, but it should not be confused with automatic immunity from hit-and-run charges.

➟The distinction is particularly important when preparing a criminal defense.

4.2 Property Damage Without Personal Injury

Article 185-4 requires an accident involving personal injury or death. If a collision causes only vehicle damage and no person is injured, the criminal offense of hit-and-run under Article 185-4 generally does not apply. However, leaving after a property-damage-only accident may still violate Taiwan's Road Traffic Management and Penalty Act or other applicable traffic regulations.

Drivers may also face civil liability for property damage. Therefore, even when no one appears injured, exchanging information and properly documenting the accident remain important.

5. How Can You Defend Against Hit-and-Run Charges?

A hit-and-run defense requires careful examination of the driver's knowledge, the accident circumstances, the existence of injuries, and the reasons for leaving. The appropriate strategy depends on the evidence rather than a single explanation such as "the other driver said everything was fine."

5.1 Lack of Knowledge and Absence of Criminal Intent

One possible defense concerns whether the driver was aware of the accident.

For example, a driver operating a large vehicle may genuinely fail to notice a minor collision under certain circumstances. Dashcam footage, vehicle damage, road conditions, visibility, and witness statements may help establish what the driver could reasonably have perceived.

Another issue is whether the driver knew the relevant circumstances involving injury or possible injury. Statements made by the other party, visible injuries, and the driver's actions at the scene may affect this assessment. The defense must distinguish a genuine lack of awareness from an unsupported claim that the driver did not notice the collision.

5.2 Legitimate Reasons for Leaving and Subsequent Actions

In some situations, leaving the immediate accident location may have a legitimate explanation. Examples may include transporting an injured person for urgent medical treatment or escaping an immediate threat of violence. Whether these circumstances exclude criminal liability or affect sentencing depends on the applicable legal requirements and supporting evidence.

The driver's subsequent conduct may also matter. Returning promptly, contacting the police, arranging medical assistance, or actively cooperating with the investigation may support an explanation of the driver's intentions. However, returning after departure does not automatically eliminate a completed offense.

➟Likewise, evidence that the other party expressly stated that no assistance was necessary may be relevant, but it does not guarantee an acquittal.

6. What Should You Know Before Police Questioning?

Police interview records can significantly influence the investigation of a suspected hit-and-run offense. Drivers may unintentionally make inaccurate or incomplete statements because they are nervous, confused, or unfamiliar with criminal procedures. Understanding procedural rights before questioning is therefore important.

6.1 The Right to Legal Counsel and Accurate Statements

A person questioned as a criminal suspect in Taiwan has procedural rights, including the right to remain silent and the right to legal assistance under applicable criminal procedure rules.

Consulting a criminal defense lawyer before police questioning can help clarify the allegations and identify important evidence. During questioning, provide truthful information and distinguish what you personally observed from what you learned afterward. Do not speculate about matters you cannot remember or make admissions merely because you feel pressured. For example, whether you noticed a collision and whether you knew someone was injured are distinct factual questions that should be answered accurately.

💡A defense strategy should be based on the actual circumstances, not on altering or concealing facts.

6.2 Reviewing Police Interview Records

Before signing a police interview record, carefully review the entire document. Confirm that the recorded answers accurately reflect your statements, including important details about the collision, conversations with the other party, and the reasons for leaving.

If the record contains inaccurate wording or omits essential information, request corrections before signing. Preserve relevant evidence and inform your attorney about any discrepancies.

Accurate interview records are particularly important because statements made during the initial investigation may later be examined by prosecutors and courts.

7. Frequently Asked Questions (FAQ)

Not automatically, but criminal liability remains possible if the accident involved injury and the statutory requirements are established. The other party's statement may be relevant to the driver's knowledge and intent.

A mutual agreement does not automatically eliminate legal obligations. Drivers should check for injuries, exchange information, preserve evidence, and report the accident where appropriate.

Under Article 185-4, leaving after an accident causing injury may result in imprisonment for six months to five years. Where death or serious bodily injury results, the penalty is one to seven years. Statutory mitigation or exemption may apply in qualifying cases.

Yes. Fault for causing the accident and liability for leaving are separate issues. However, Article 185-4 provides possible mitigation or exemption where the accident was not caused by the driver's negligence.

It depends on whether the accident caused personal injury or death and whether the other statutory elements are satisfied. Property-damage-only accidents generally do not constitute criminal hit-and-run under Article 185-4.

A genuine lack of awareness may be relevant to criminal intent. Investigators may examine dashcam footage, vehicle damage, visibility, and other evidence to assess the claim.

A later injury report may trigger an investigation, but it does not automatically establish guilt. The prosecution must still prove the injury's connection to the accident and the other required elements.

Not necessarily. Returning promptly or reporting the accident may be relevant to the legal assessment or sentencing, but it does not automatically eliminate liability if the offense was already completed.

Legal advice is advisable when you are being questioned as a criminal suspect. A lawyer can help clarify the allegations, review available evidence, and protect your procedural rights.

Useful evidence may include dashcam recordings, accident photographs, medical records, witness statements, police reports, communication records, and proof of actions taken to assist the other party.

8. Conclusion

Leaving a traffic accident scene after the other party says they are fine may still create legal risks in Taiwan, particularly if injuries are discovered later.

Under Article 185-4 of Taiwan's Criminal Code, hit-and-run liability depends on the accident circumstances, personal injury or death, the driver's knowledge, and the conduct surrounding departure. Even drivers who were not responsible for causing the accident should not assume that they can leave without fulfilling relevant legal obligations. The safest approach is to stop, check for injuries, preserve evidence, exchange information, and obtain police assistance where appropriate.

For individuals facing criminal allegations, a proper defense should examine the driver's actual knowledge, the medical evidence, accident responsibility, and any legitimate reasons for leaving.

🧑🏻‍⚖️Chien Sheng International Law Firm assists clients with traffic-related criminal investigations and hit-and-run defense in Taiwan. Early legal assistance may help preserve evidence, clarify criminal exposure, and protect legal rights throughout the proceedings.

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