MP Lacroes submits amendment to strengthen accountability for leaving scene of serious traffic accidents

GREAT BAY--Member of Parliament Francisco A. Lacroes has submitted an amendment to Article 9 of the Road Traffic Ordinance aimed at closing what he says is a legal loophole involving drivers who leave the scene of serious traffic accidents.

The submitted amendment seeks to prevent drivers involved in accidents resulting in death or serious bodily injury from relying on the existing 24-hour reporting exception to avoid immediate investigation and accountability.

Under the current provision, a driver who leaves the scene of an accident may avoid prosecution for that specific offense if the driver voluntarily reports to law enforcement within 24 hours. Lacroes said such a provision may serve a reasonable purpose in minor accidents involving only material damage, but creates an unacceptable gap when applied to serious or fatal accidents.

“The law should never unintentionally create an advantage for someone involved in a fatal accident who leaves the scene and only reports later, when critical evidence may already be lost,” stated MP Lacroes.

A central concern raised in the amendment is the possibility that a driver who may be under the influence of alcohol, drugs or other substances that impair driving ability could leave the scene and only return after those substances have become more difficult or impossible to detect.

St. Maarten's traffic legislation already recognizes the serious risks of driving under the influence and establishes legal limits concerning alcohol consumption while operating a vehicle. However, the effectiveness of those provisions depends on the ability of law enforcement authorities to conduct timely testing following an accident.

According to the proposal, scientific research on alcohol elimination shows that alcohol is gradually broken down by the human body over time. On average, blood alcohol concentration decreases by approximately 0.10 to 0.15 promille per hour after alcohol consumption has stopped. This means that several hours after an accident, a driver's alcohol level may be significantly lower than it was at the time of the collision.

Lacroes said a 24-hour reporting period, without additional safeguards for serious accidents, can therefore make it difficult for authorities to establish whether alcohol played a role and to determine the full circumstances surrounding the incident.

“Someone who stops, provides assistance, and fully cooperates with a police investigation acts fundamentally differently from someone who leaves and returns hours later. Our legislation must recognize that difference,” Lacroes stated.

The submitted amendment maintains the existing protection for less serious accidents while removing the 24-hour exception in cases where an accident results in death or serious bodily injury.

Drivers involved in such accidents would be legally required to immediately stop, provide reasonable assistance to victims, notify the authorities and remain at or near the scene until law enforcement permits them to leave.

The amendment also recognizes that exceptional circumstances may prevent a person from remaining at the scene. These include situations in which a driver is seriously injured, physically incapable of providing assistance, requires urgent medical care or faces an immediate danger by remaining at the location.

Lacroes said the purpose is to address cases in which a person is physically able to remain and cooperate with authorities, but chooses to leave, thereby delaying the investigation and potentially affecting critical evidence.

The amendment further proposes that failure to comply with these obligations following a fatal or serious injury accident be subject to a separate and stronger penalty, regardless of whether the driver later voluntarily reports to authorities.

Lacroes emphasized that the proposed change is not solely about stronger enforcement, but also about protecting victims, supporting police investigations and maintaining public confidence in the justice system.

“When a family loses a loved one because of a traffic accident, they deserve confidence that every effort will be made to establish the truth and that justice can be served. Our laws must protect victims and their families, not create opportunities for individuals to avoid accountability,” stated Lacroes.

The MP said improving road safety requires both stronger enforcement and ensuring that legislation is updated to address present-day realities.

According to Lacroes, the proposed amendment is intended to protect the integrity of police investigations, promote greater responsibility among drivers and ensure the law properly reflects the seriousness of accidents in which lives are lost or people are left with serious injuries.

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