More than likely if the other party left the scene of the accident before the police arrived, they can be charged with leaving the scene of an accident because the police will not know of the persons whereabouts at the scene. If charged, then these altercations at the scene can be used as a defense to show that the person did not intentionally leave the scene, but was ultimately forced to leave the scene. A charge for leaving the scene of an accident usually occurs where a person makes no attempt or little effort to stay at the scene.