State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-697

60-697. Accident; driver's duty; penalty.The driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall (1) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved, (2) give his or her name and address and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and (3) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person. Any person violating any of the provisions of this section shall upon conviction thereof be punished as provided in section 60-698. SourceLaws 1931, c. 110, § 28, p. 314; C.S.Supp.,1941, § 39-1159; R.S.1943, § 39-762; Laws 1947, c. 148, § 2(1), p. 409; Laws 1949, c. 119, § 1, p. 315; Laws 1949, c. 120, § 1, p. 317; R.R.S.1943, § 39-762; R.S.1943, (1988), § 39-6,104.01; Laws 1993, LB 370, § 193; Laws 2005, LB 274, § 240; Laws 2006, LB 925, § 8. Cross ReferencesOperator's license, assessment of points, revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq. AnnotationsUnder the facts in this case, a sentence of three years imprisonment was not excessive. State v. Keil, 192 Neb. 741, 224 N.W.2d 363 (1974).Injury is a term in common and accepted usage and a penal statute which fails to define it is not unconstitutionally vague. State v. Etchison, 188 Neb. 134, 195 N.W.2d 498 (1972).Under this section, leaving the scene of a property damage accident is not an includable offense. State v. Jones, 186 Neb. 303, 183 N.W.2d 235 (1971).Circumstantial evidence was sufficient to prove knowledge of injury. In re Interest of Moore, 186 Neb. 67, 180 N.W.2d 917 (1970).Knowledge that an accident has happened and that injury has been inflicted is an essential element of the offense under this section. State v. Snell, 177 Neb. 396, 128 N.W.2d 823 (1964).Evidence was sufficient to sustain conviction of leaving the scene of an accident involving personal injury. State v. Nichols, 175 Neb. 761, 123 N.W.2d 860 (1963).Effect of arrest of party for leaving scene of accident considered. Bryant v. Greene, 164 Neb. 15, 81 N.W.2d 580 (1957).This and succeeding section are not invalid as being vague, duplicitous, and illegal. Carr v. State, 152 Neb. 248, 40 N.W.2d 677 (1950).Where deceased voluntarily jumped from a moving vehicle and was injured in alighting without in any manner coming in contact with vehicle, this section does not apply. Behrens v. State, 140 Neb. 671, 1 N.W.2d 289 (1941).The crime of manslaughter is a distinct offense from that of leaving the scene of an accident causing death under this section. Wright v. State, 139 Neb. 684, 298 N.W. 685 (1941).