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-4-1)
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)
(a) (1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall, if physically able to do so, provide to the person struck or the driver or occupant of or person attending any vehicle collided with, the following:
A. His or her name, a valid telephone number where he or she may be contacted and the year, make, model and last four digits of the vehicle identification number of the vehicle he or she is driving; and
B. Proof of security and financial responsibility required by West Virginia Code 17D-2A-3 and 17D-4-2, and if provided by insurance, the information provided upon the certificate of insurance, including the name of the insured, the name and contact information of the insurer and insurance policy number.
(2) A driver may meet the requirements of this subsection by providing the information required herein to a law-enforcement officer who is investigating or providing assistance at the scene of the collision, who shall, if practical under the circumstances, provide the information to any person entitled thereto pursuant to this subsection.
(b) The driver of any vehicle involved in a crash resulting in injury to or death of any person, if physically able to do so, shall render to any person injured in such crash reasonable assistance, including the carrying, or the making arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (WVaC 17C-4-3)
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. (WVaC 17C-4-4)
The driver of any vehicle involved in a crash resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver’s license and shall make report of such crash when and as required. (WVaC 17C-4-5)
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