Loading...
§ 436.11 FAILURE TO STOP AFTER ACCIDENT.
   (a)   (1)   In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following:
         A.   Any person injured in the accident or collision;
         B.   The operator, occupant, owner, or attendant of any motor vehicle damaged in the accident or collision;
         C.   The police officer at the scene of the accident or collision.
      (2)   In the event an injured person is unable to comprehend and record the information required to be given under division (a)(1) of this section, the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision, and the operator’s name, address, and the registered number of the motor vehicle the operator was operating. The operator shall remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates division (a) of this section is guilty of failure to stop after an accident. Except as otherwise provided in division (b)(2) or (b)(3) of this section, failure to stop after an accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after an accident is a felony to be prosecuted under appropriate state law.
      (3)   If the accident or collision results in the death of a person, failure to stop after an accident is a felony to be prosecuted under appropriate state law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. § 4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.
      (5)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. § 2929.18 or 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during, or after committing the offense charged under this section.
(ORC § 4549.02) Penalty, see §§ 408.01 and 408.02
§ 436.12 STOPPING AFTER ACCIDENT ON OTHER THAN PUBLIC ROADS OR HIGHWAYS.
   (a)   (1)   In the case of a motor vehicle accident or collision resulting in injury or damage to persons or property on any public or private property other than a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, shall stop at the scene of the accident or collision. Upon request of any person who is injured or damaged, or any other person, the operator shall give that person the operator’s name and address, and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the operator’s driver’s or commercial driver’s license.
      (2)   If the operator of the motor vehicle involved in the accident or collision does not provide the information specified in division (a)(1) of this section, the operator shall give that information, within 24 hours after the accident or collision, to the police department of the city or village in which the accident or collision occurred, or if it occurred outside the corporate limits of a city or village, to the sheriff of the county in which the accident or collision occurred.
      (3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under division (a)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.
   (b)   (1)   Whoever violates division (a) of this section is guilty of failure to stop after a nonpublic road accident. Except as otherwise provided in division (b)(2) or (b)(3) of this section, failure to stop after a nonpublic road accident is a misdemeanor of the first degree.
      (2)   If the accident or collision results in serious physical harm to a person, failure to stop after a nonpublic road accident is a felony to be prosecuted under appropriate state law.
      (3)   If the accident or collision results in the death of a person, failure to stop after a nonpublic road accident is a felony to be prosecuted under appropriate state law.
      (4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio R.C. § 4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.
      (5)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio R.C. § 2929.18 or 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during, or after committing the offense charged under this section.
(ORC § 4549.021) Penalty, see §§ 408.01 and 408.02
§ 436.13 VEHICLE ACCIDENT RESULTING IN DAMAGE TO REALTY.
   (a)   (1)   The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of the property of that fact, of the driver’s name and address, and of the registration number of vehicle the driver is driving and, upon request and if available, shall exhibit the driver’s driver’s or commercial driver’s license.
      (2)   If the owner or person in charge of the property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to the property within 24 hours after the accident, shall forward to the Police Department of the municipality the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known.
   (b)   (1)   Whoever violates division (a) of this section is guilty of failure to stop after an accident involving the property of others, a misdemeanor of the first degree.
      (2)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to § 698.02(f) or Ohio R.C. § 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the motor vehicle before, during, or after committing the offense charged under this section.
(ORC § 4549.03) Penalty, see §§ 408.01 and 408.02
§ 436.14 REMOVAL OF VEHICLES AFTER ACCIDENTS.
   (a)   If a motor vehicle accident occurs on any highway, public street, or other property open to the public for purposes of vehicular travel and if any motor vehicle, cargo, or personal property that has been damaged or spilled as a result of the motor vehicle accident is blocking the highway, street, or other property or is otherwise endangering public safety, a public safety official may do either of the following without the consent of the owner but with the approval of the law enforcement agency conducting any investigation of the accident:
      (1)   Remove, or order the removal of, the motor vehicle if the motor vehicle is unoccupied, cargo, or personal property from the portion of the highway, public street, or property ordinarily used for vehicular travel on the highway, public street, or other property open to the public for purposes of vehicular travel.
      (2)   If the motor vehicle is a commercial motor vehicle, allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the public safety official. If the public safety official determines that the motor vehicle cannot be removed within the specified period of time, the public safety official shall remove or order the removal of the motor vehicle.
   (b)   (1)   Except as provided in division (b)(2) of this section, the Department of Transportation, any employee of the Department of Transportation, or a public safety official who authorizes or participates in the removal of any unoccupied motor vehicle, cargo, or personal property as authorized by division (a) of this section, regardless of whether the removal is executed by a private towing service, is not liable for civil damages for any injury, death, or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo, or personal property. Further, except as provided in division (b)(2) of this section, if a public safety official authorizes, employs, or arranges to have a private towing service remove any unoccupied motor vehicle, cargo, or personal property as authorized by division (a) of this section, that private towing service is not liable for civil damages for any injury, death, or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo, or personal property.
      (2)   Division (b)(1) of this section does not apply to any of the following:
         A.   Any person or entity involved in the removal of an unoccupied motor vehicle, cargo, or personal property pursuant to division (a) of this section if that removal causes or contributes to the release of a hazardous material or to structural damage to the roadway;
         B.   A private towing service that was not authorized, employed, or arranged by a public safety official to remove an unoccupied motor vehicle, cargo, or personal property under this section;
         C.   Except as provided in division (b)(2)D. of this section, a private towing service that was authorized, employed, or arranged by a public safety official to perform the removal of the unoccupied motor vehicle, cargo, or personal property but the private towing service performed the removal in a negligent manner;
         D.   A private towing service that was authorized, employed, or arranged by a public safety official to perform the removal of the unoccupied motor vehicle, cargo, or personal property that was endangering public safety but the private towing service performed the removal in a reckless manner.
   (c)   As used in divisions (a) and (b) of this section:
      (1)   HAZARDOUS MATERIAL. Has the same meaning as in Ohio R.C. § 2305.232.
      (2)   PUBLIC SAFETY OFFICIAL. Any of the following:
         A.   The sheriff of the county, or the chief of police in the municipal corporation, township, port authority, conservancy district, or township or joint police district, in which the accident occurred;
         B.   A state highway patrol trooper;
         C.   The chief of the fire department having jurisdiction where the accident occurred;
         D.   A duly authorized subordinate acting on behalf of an official specified in divisions A. to C. of this definition.
(ORC § 4513.66)
   (d)   If a towing service is removing a motor vehicle, and the removal was not authorized under Ohio R.C. § 4513.60, 4513.601, 4513.61, or 4513.66, or any substantially equivalent municipal ordinance, prior to removing the motor vehicle, the towing service shall provide a written estimate of the price for the removal to the operator of the motor vehicle, if requested.
   (e)   The towing service shall ensure that any estimate provided under division (d) of this section includes the fees, services to be rendered, and destination of the vehicle.
   (f)   If a towing service fails to provide a written estimate as required by this section, the towing service shall not charge fees for the towing and storage of the motor vehicle that exceed 25% of any applicable fees established by the public utilities commission in rules adopted under R.C. § 4921.25(B)(4) or, if the vehicle was towed within a municipal corporation that has established vehicle removal and storage fees, 25% of the fees established by the municipal corporation.
   (g)   Any storage facility that accepts towed vehicles shall conspicuously post a notice at the entrance to the storage facility that states the limitation on fees established under division (f) of this section.
(ORC § 4513.68)