§291C-12 - Accidents involving death or serious bodily injury.

§291C-12 Accidents involving death or
serious bodily injury. (a) The driver of any vehicle involved in an
accident resulting in serious bodily injury to or death of any person shall
immediately stop the vehicle at the scene of the accident or as close thereto
as possible but shall then forthwith return to and in every event shall remain
at the scene of the accident until the driver has fulfilled the requirements of
section 291C-14. Every such stop shall be made without obstructing traffic
more than is necessary.

(b) Any person who violates subsection (a)
shall be guilty of a class B felony.

(d) For any violation under this section, a
surcharge of $500 shall be imposed, in addition to any other penalties, and
shall be deposited into the neurotrauma special fund.

(e) For any violation under this section, a
surcharge of up to $500 may be imposed, in addition to other penalties, which
shall be deposited into the trauma system special fund. [L 1971, c 150, pt of
§1; gen ch 1985; am L 1992, c 243, §4; am L 2002, c 160, §7; am L 2008, c 231, §7]

Case Notes

One cannot be convicted of both attempted murder by driving
over another and a violation of this section. 1 H. App. 625, 623 P.2d 1271.

Failure to stop offense committed prior to 1992 amendment
must be sentenced as a class C felony. 9 H. App. 333, 839 P.2d 1186.

Criminal liability under subsection (a) does not require
proof that the driver of a vehicle caused injury to or death of a person, but
only that the accident the driver was involved in resulted in injury to or
death of any person; under subsection (a), a driver is "involved in an
accident" when driver's vehicle is affected or implicated in the
accident. 77 H. 329 (App.), 884 P.2d 392.

Not inconsistent that jury found defendant not guilty of
negligent homicide in third degree, but guilty of intentionally, knowingly, or
recklessly failing to stop at accident scene. 77 H. 329 (App.), 884 P.2d 392.