331.01 Crashes involving death or personal injuries.
331.02 Crashes involving damage to vehicle.
331.03 Duty to give information and render aid.
331.04 Collision with unattended vehicle.
331.05 Collision with fixtures upon a street or highway.
331.06 Immediate reports of crashes.
331.07 When driver unable to report.
331.08 Garages to report bullet damage.
331.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to require local crash report - see W. Va. Code 17C-4-15
Impounding wrecked vehicles - see TRAF. 303.07
Removal of glass, etc. from highway - see TRAF. 311.01
(a) The driver of any vehicle involved in a crash resulting in the injury to or death of any person shall immediately stop the vehicle at the scene of the crash or as close to the scene as possible and return to and remain at the scene of the crash until he or she has complied with the requirements of Section 331.03; provided, that the driver may leave the scene of the crash as may reasonably be necessary for the purpose of rendering assistance to any person injured in the crash, as required by Section 331.03.
(b) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates subsection (a) when he or she knows or has reason to believe that another person has suffered physical injury in said crash shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
(c) Notwithstanding the provisions of subsection (b), any driver who is involved in a crash in which another person suffers serious bodily injury and who intentionally violates subsection (a) when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and shall be prosecuted under appropriate State law.
(d) Notwithstanding subsection (b) or (c), any driver who is involved in a crash that proximately causes the death of another person who intentionally violates subsection (a) when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and shall be prosecuted under appropriate State law.
(e) As used in this section:
(1) “Bodily injury” means injury that causes substantial physical pain, illness or any impairment of physical condition;
(2) “Physical injury” means bodily injury, serious bodily injury or death; and
(3) “Serious bodily injury” means bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, prolonged loss or impairment of the function of any bodily organ, loss of pregnancy, or the morbidity or mortality occurring because of a preterm delivery.
(f) The Commissioner shall revoke the license or permit or operating privilege to drive of any resident or nonresident person convicted pursuant to the provisions of this section for a period of one year from the date of conviction or the date of release from incarceration, whichever is later.
(g) This section may be known and cited as Erin’s Law.
(WVaC 17C-14-1)
The driver of any vehicle involved in a crash resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such crash until he has fulfilled the requirements of Section 331.03. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with such requirements under such circumstances shall be guilty of a misdemeanor.
(WVaC 17C-4-2)
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