Saturday 29 November
2008, San José, Costa
Rica
Dollar
Drops
¢15 In A Single Day
46.000 Affected, 6.000
in Shelters Due To
Weeklong Rain
Drivers Can Continue To
Leave The Scene Of An
Accident
SOUTHCOM Deploys
Disaster Assistance Team
to Costa Rica, Panama
Cocos Island Betters
Its Position In The “New
Seven Wonders”
Competition
Bill To Change The Boundaries of The Las
Baulas National Park Rejected
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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. |
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