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

§291C-12 Accidents involving death orserious bodily injury. (a) The driver of any vehicle involved in anaccident resulting in serious bodily injury to or death of any person shallimmediately stop the vehicle at the scene of the accident or as close theretoas possible but shall then forthwith return to and in every event shall remainat the scene of the accident until the driver has fulfilled the requirements ofsection 291C-14. Every such stop shall be made without obstructing trafficmore 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, asurcharge of $500 shall be imposed, in addition to any other penalties, andshall be deposited into the neurotrauma special fund.

(e) For any violation under this section, asurcharge of up to $500 may be imposed, in addition to other penalties, whichshall 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 drivingover another and a violation of this section. 1 H. App. 625, 623 P.2d 1271.

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

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

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