§ 70.041 WHEN DRIVER UNABLE TO REPORT.
   Whenever the driver of a vehicle is physically incapable of making an immediate report of an accident as required in § 70.040 and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made such report not made by the driver.
(W. Va. Code 17C-4-8) (Prior Code, § 331.07)