§ 20-166. Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.
§ 20‑166. Duty to stopin event of a crash; furnishing information or assistance to injured person,etc.; persons assisting exempt from civil liability.
(a) The driver of anyvehicle who knows or reasonably should know:
(1) That the vehiclewhich he or she is operating is involved in a crash; and
(2) That the crash hasresulted in serious bodily injury, as defined in G.S. 14‑32.4, or deathto any person;
shall immediately stop his or hervehicle at the scene of the crash. The driver shall remain with the vehicle atthe scene of the crash until a law‑enforcement officer completes theinvestigation of the crash or authorizes the driver to leave and the vehicle tobe removed, unless remaining at the scene places the driver or others atsignificant risk of injury.
Prior to the completion of theinvestigation of the crash by a law enforcement officer, or the consent of theofficer to leave, the driver may not facilitate, allow, or agree to the removalof the vehicle from the scene for any purpose other than to call for a lawenforcement officer, to call for medical assistance or medical treatment as setforth in subsection (b) of this section, or to remove oneself or others fromsignificant risk of injury. If the driver does leave for a reason permitted bythis subsection, then the driver must return with the vehicle to the accidentscene within a reasonable period of time, unless otherwise instructed by a lawenforcement officer. A willful violation of this subsection shall be punishedas a Class F felony.
(a1) The driver of anyvehicle who knows or reasonably should know:
(1) That the vehiclewhich he or she is operating is involved in a crash; and
(2) That the crash hasresulted in injury;
shall immediately stop his or hervehicle at the scene of the crash. The driver shall remain with the vehicle atthe scene of the crash until a law enforcement officer completes theinvestigation of the crash or authorizes the driver to leave and the vehicle tobe removed, unless remaining at the scene places the driver or others atsignificant risk of injury.
Prior to the completion of theinvestigation of the crash by a law enforcement officer, or the consent of theofficer to leave, the driver may not facilitate, allow, or agree to the removalof the vehicle from the scene for any purpose other than to call for a lawenforcement officer, to call for medical assistance or medical treatment as setforth in subsection (b) of this section, or to remove oneself or others fromsignificant risk of injury. If the driver does leave for a reason permitted bythis subsection, then the driver must return with the vehicle to the crashscene within a reasonable period of time, unless otherwise instructed by a lawenforcement officer. A willful violation of this subsection shall be punished asa Class H felony.
(b) In addition tocomplying with the requirements of subsections (a) and (a1) of this section,the driver as set forth in subsections (a) and (a1) shall give his or her name,address, driver's license number and the license plate number of the vehicle tothe person struck or the driver or occupants of any vehicle collided with,provided that the person or persons are physically and mentally capable ofreceiving such information, and shall render to any person injured in suchcrash reasonable assistance, including the calling for medical assistance if itis apparent that such assistance is necessary or is requested by the injuredperson. A violation of this subsection is a Class 1 misdemeanor.
(c) The driver of anyvehicle, when the driver knows or reasonably should know that the vehicle whichthe driver is operating is involved in a crash which results:
(1) Only in damage toproperty; or
(2) In injury or deathto any person, but only if the operator of the vehicle did not know and did nothave reason to know of the death or injury;
shall immediately stop thevehicle at the scene of the crash. If the crash is a reportable crash, thedriver shall remain with the vehicle at the scene of the crash until a lawenforcement officer completes the investigation of the crash or authorizes thedriver to leave and the vehicle to be removed, unless remaining at the sceneplaces the driver or others at significant risk of injury.
Prior to the completion of theinvestigation of the crash by a law enforcement officer, or the consent of theofficer to leave, the driver may not facilitate, allow, or agree to the removalof the vehicle from the scene, for any purpose other than to call for a lawenforcement officer, to call for medical assistance or medical treatment, or toremove oneself or others from significant risk of injury. If the driver doesleave for a reason permitted by this subsection, then the driver must returnwith the vehicle to the accident scene within a reasonable period of time,unless otherwise instructed by a law enforcement officer. A willful violationof this subsection is a Class 1 misdemeanor.
(c1) In addition tocomplying with the requirement of subsection (c) of this section, the driver asset forth in subsection (c) shall give his or her name, address, driver'slicense number and the license plate number of his vehicle to the driver oroccupants of any other vehicle involved in the crash or to any person whoseproperty is damaged in the crash. If the damaged property is a parked and unattendedvehicle and the name and location of the owner is not known to or readilyascertainable by the driver of the responsible vehicle, the driver shallfurnish the information required by this subsection to the nearest availablepeace officer, or, in the alternative, and provided the driver thereafterwithin 48 hours fully complies with G.S. 20‑166.1(c), shall immediatelyplace a paper‑writing containing the information in a conspicuous placeupon or in the damaged vehicle. If the damaged property is a guardrail, utilitypole, or other fixed object owned by the Department of Transportation, a publicutility, or other public service corporation to which report cannot readily bemade at the scene, it shall be sufficient if the responsible driver shall furnishthe information required to the nearest peace officer or make written reportthereof containing the information by U.S. certified mail, return receiptrequested, to the North Carolina Division of Motor Vehicles within five daysfollowing the collision. A violation of this subsection is a Class 1misdemeanor.
(c2) Notwithstandingsubsections (a), (a1), and (c) of this section, if a crash occurs on a mainlane, ramp, shoulder, median, or adjacent area of a highway, each vehicle shallbe moved as soon as possible out of the travel lane and onto the shoulder or toa designated accident investigation site to complete the requirements of thissection and minimize interference with traffic if all of the following apply:
(1) The crash has notresulted in injury or death to any person or the drivers did not know or havereason to know of any injury or death.
(2) Each vehicle can benormally and safely driven. For purposes of this subsection, a vehicle can benormally and safely driven if it does not require towing and can be operatedunder its own power and in its usual manner, without additional damage orhazard to the vehicle, other traffic, or the roadway.
(d) Any person whorenders first aid or emergency assistance at the scene of a motor vehicle crashon any street or highway to any person injured as a result of the accident,shall not be liable in civil damages for any acts or omissions relating to theservices rendered, unless the acts or omissions amount to wanton conduct orintentional wrongdoing.
(e) The Division ofMotor Vehicles shall revoke the drivers license of a person convicted ofviolating subsection (a) or (a1) of this section for a period of one year,unless the court makes a finding that a longer period of revocation isappropriate under the circumstances of the case. If the court makes thisfinding, the Division of Motor Vehicles shall revoke that person's driverslicense for two years. Upon a first conviction only for a violation ofsubsection (a1) of this section, a trial judge may allow limited drivingprivileges in the manner set forth in G.S. 20‑179.3(b)(2) during anyperiod of time during which the drivers license is revoked. (1937, c. 407, s. 128; 1939,c. 10, ss. 1, 11/2; 1943, c. 439; 1951, cc. 309, 794, 823; 1953, cc. 394, 793;c. 1340, s. 1; 1955, c. 913, s. 8; 1965, c. 176; 1967, c. 445; 1971, c. 958, s.1; 1973, c. 507, s. 5; 1975, c. 716, s. 5; 1977, c. 464, s. 34; 1979, c. 667,s. 32; 1983, c. 912, s. 1; 1985, c. 324, ss. 1‑4; 1993, c. 539, ss. 373‑375,1260; 1994, Ex. Sess., c. 24, s. 14(c); 2003‑310, s. 2; 2003‑394,s. 1; 2005‑460, s. 1; 2008‑128, s. 1.)