Vehicle Accidents: Driver's Duties

• Title 20 pertains to vehicle laws, specifically accidents and accident reports.
• This title applies throughout the state, whether an accident occurs on or off a highway.
• The provisions of §§ 20-101 through 20-105 apply to the vehicle owner if present during an accident, regardless of who was driving.

Driver's Duty After Accidents Resulting in Bodily Injury or Death (§ 20-102)

• A driver involved in an accident resulting in bodily injury to another person should stop the vehicle as close as possible without obstructing traffic.
• The driver must return to and remain at the scene until complying with § 20-104.
• The same applies when an accident results in another person's death.
• "Serious bodily injury" is defined as any injury that:
  • Creates a substantial risk of death
  • Causes serious permanent or protracted disfigurement
  • Causes serious permanent or protracted loss of function of any body part, organ, or mental faculty
  • Causes serious permanent or protracted impairment of the function of any body part or organ
• Penalties for violations, except when the accident might result in serious bodily injury to another person and serious bodily injury actually occurred:
  • Imprisonment up to 1 year and/or a fine up to $3,000 for violations of subsection (a)
  • Imprisonment up to 5 years and/or a fine up to $5,000 for violations of subsection (b)
• A person who violates this section and knew the accident might result in serious bodily injury to another person and serious bodily injury actually occurred, is guilty of a felony and on conviction faces imprisonment not exceeding 5 years or a fine not exceeding $5,000, or both.
• A person who violates this section and knew the accident might result in the death of another person, and death actually occurred, is guilty of a felony and faces imprisonment up to 10 years or a fine up to $10,000, or both.
• Legislative intent is to discourage drivers involved in injury-causing accidents from abandoning injured parties or evading liability; physical contact isn't required for involvement.
• To be guilty of leaving the scene of a personal injury accident, one must have knowledge of both the accident and the resulting injury.
• "Accident" means any incident resulting in death, personal injury, or property damage.
• Sufficient Evidence exists to convict the defendant of violating this statute where a reasonable jury could have concluded that the defendant knew or should have known that death or serious bodily injury was a foreseeable result of the accident and they failed to stop at the scene or contact the police

Accidents Resulting Only in Damage to an Attended Vehicle or Property (§ 20-103)

• The driver of a vehicle involved in such an accident is required to stop without obstructing traffic and remain at the scene until complying with § 20-104.
• Conviction of violating this section may result in imprisonment up to 2 months or a fine up to $500, or both.

Duty to Give Information and Render Aid (§ 20-104)

• The driver of each vehicle involved in an accident resulting in bodily injury, death, or damage to an attended vehicle or property is required to render reasonable assistance to injured individuals, including arranging transportation for medical treatment if requested or necessary.
• The driver must provide their name, address, the vehicle's registration number, and, if requested, exhibit their driver's license to any injured person or the driver/occupant of the damaged vehicle/property.
• The same information should be given to police officers at the scene or investigating the accident, along with exhibiting the driver's license.
• If no police officer or specified person is present or able to receive information, the driver must report the accident to the nearest authorized police authority after fulfilling the requirements of § 20-102 and subsection (a).
• They must provide the information specified in subsection (b).
• A violation of this section can result in imprisonment not exceeding 2 months or a fine not exceeding $500, or both.
• The owner of a vehicle involved in an accident and the personal representative of the vehicle owner's father-in-law's estate were unable to obtain summary judgement on a personal negligence action brought by auto accident victims, and the victims were allowed to determine the identify of the driver.

Duty on Striking Unattended Vehicle or Other Property (§ 20-105)

• The driver must stop without obstructing traffic and attempt to locate the driver, owner, or person in charge of the damaged vehicle/property.
• The driver has to notify them of their name and address, the registration number of their vehicle, and the name/address of the vehicle owner.
• If the driver, owner, or person in charge cannot be located, the driver must leave a written notice with the same information in a conspicuous, secure place on the damaged vehicle/property.
• The penalty for violating this section is imprisonment not exceeding 2 months or a fine not exceeding $500, or both.

Additional Information Required (§ 20-105.1)

• In addition to information required by §§ 20-104 and 20-105, drivers must provide:
  • The name and address of their insurance carrier or security provider
  • The policy or identifying number of the liability insurance or security, if available
  • The name and address of the local insurance producer or local office of the insurance carrier/provider, if available
  • For self-insured vehicles: evidence of self-insurance as required by the Administration
• The Administration will adopt regulations to establish the form and content of self-insurance evidence and require self-insurers to maintain this evidence in each covered vehicle.
• Regulations will require the evidence of self-insurance to include:
  • Name, address, and self-insurance certificate number of the self-insurer
  • Name, address, and phone number of the self-insurer's third-party administrator or adjuster
  • The vehicle identification number of the self-insured vehicle

Duty on Striking Domestic Animal (§ 20-106)

• If a motor vehicle strikes and injures a domestic animal, the driver must immediately notify the appropriate state or local police.
• Upon receiving notice, the police shall notify the local organization/agency designated by the local government to provide medical care for injured animals.

Written Accident Report by Drivers and Owners (§ 20-107)

• For accidents resulting in bodily injury or death the driver must report the incident to the Administration within 15 days and provide evidence of liability insurance or other security that satisfies Title 17 requirements.
• The evidence must include the name and address of the insurance carrier/provider, the policy number, and the name and address of the local insurance producer.
• If the driver is physically incapable, unavailable, or refuses to report, the Administration may require the vehicle owner to report instead, including filing the insurance evidence.
• The Administration may require supplemental reports if the original is insufficient.
• A written report is not required if a police officer investigated the accident and filed a report with the Department of State Police, or if the person is physically incapable of making the report.

False Reports Prohibited (§ 20-108)

• Providing false information in any oral or written report required by this title is prohibited.
• Violators are subject to imprisonment not exceeding 2 months or a fine not exceeding $500, or both.

Administrative Penalty for Violation of Reporting Requirements (§ 20-109)

• Failure to file a written accident report or provide correct information as required by §§ 20-107 and 20-113 can result in the Administration suspending/revoking the person's driver's license and the registration of each vehicle owned by them.

Accident Report Forms (§ 20-113)

• The Administration must prepare and supply forms for written accident reports required by § 20-107 to police departments, sheriffs, agencies, or individuals upon request.
• The forms must require detailed information about the cause of the accident, existing conditions, individuals/vehicles involved, and differentiate autocycles from motorcycles.
• Every written accident report required by § 20-107 must be made on the form required by the Administration and should contain all available information required by the report.