Duty to Stop after accident

www.kisslinglaw.com

The North Carolina Hit and Run statute is relatively simple.  However, a close reading of the statute and related case law reveals traps we must all be aware of.

First, fault is not an issue under the stature.  It does not matter who hit who, everyone must stop.  There is no “public street or highway” requirement, the duty exists even on private roads and parking lots.  Any property meets the requirements.  This includes trees, domesticated animals, fences, guard rails and mail boxes.  A person is required to render assistance and /or medical aid and according to caselaw, must do so personally, not just send someone or call for help.

There are many types of hit and run, Failure to stop and remain on scene when serious personal injury or death occurs, Failure to stop or remain at scene when personal injury occurs, failure to give information or assistance when personal injury or death occurs, Failure to sop when injury or death not apparent or only property damage occurs, Failure to give information when injury or death is not apparent or only property damage occurs, or Failure to notify authorities.  

Since the fact requirement of each offense are vastly different, you need to look at the statute that you are charged with to determine which facts may or may not be in your favor.  In addition, theses statutes create a duty to report, which my be in conflict with the Fifth Amendment of the US Constitution right against self incrimination.  

Each of these statutes require that the driver “know or reasonably know that the vehicle they were driving was involved in an accident.  There may be many reasons that a driver does not know they are in an accident including the speed and damage involved.  As a result, this issue should always be examined.

Another issue is whether the driver knew or should have known that there was property damage or injury.  In many low speed impacts, the driver may or may not have known there was property damage or even an impact.  This most often happens in a parking lot.

In addition to stopping, there are also reporting requirements.  The driver of a vehicle involved in a reportable accident must immediately, by the quickest means possible, notify the appropriate law enforcement agency of the accident.  When requested to do so, the driver must provide proof of insurance.

If the driver of the vehicle hits a parked vehicle, they must report the collision to the owner of the parked vehicle.  This must be done within 48 hours and must include the drivers name, address, license number license plate number of the vehicle they were driving, date and time of the accident.

A reportable crash is defined as crash involving a motor vehicle resulting in one or more of the following: Death or injury or total property damage of $1,000 or more.  This makes most accidents reportable due to the relatively low property damage amount.

Lawrence J. Kissling III, is a traffic and criminal attorney in Raleigh, NC.