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HOUSE BILL 2345
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Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/15/2002. Referred to
Committee on Transportation.
Allowing noninjury
accidents to clear the roadway.
AN ACT Relating to the
duty of a driver in an accident; amending RCW 46.52.020; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.52.020 and 2001 c
145 s 1 are each amended to read as follows:
(1) A driver of any
vehicle involved in an accident resulting in the injury to or death of any
person or involving striking the body of a deceased person shall immediately
stop such vehicle at the scene of such accident or as close thereto as possible
but shall then forthwith return to, and in every event remain at, the scene of
such accident until he or she has fulfilled the requirements of subsection (3)
of this section; every such stop shall be made without obstructing traffic more
than is necessary.
(2)(a) The
driver of any vehicle involved in an accident resulting only in damage to a
vehicle which is driven or attended by any person or damage to other property
((shall immediately stop such vehicle at the scene of such accident or as
close thereto as possible and shall forthwith return to, and in any event))
must move the vehicle as soon as possible off the roadway or freeway main
lanes, shoulders, medians, and adjacent areas to a location on an exit ramp
shoulder, the frontage road, the nearest suitable cross street, or other
suitable location. The driver shall remain at((,)) the ((scene
of such accident)) suitable location until he or she has fulfilled
the requirements of subsection (3) of this section((; every such stop shall
be made without obstructing traffic more than is necessary)). Moving
the vehicle in no way affects fault for an accident.
(b) A law
enforcement officer or representative of the department of transportation may
cause a motor vehicle, cargo, or debris to be moved from the roadway; and
neither the department of transportation representative, nor anyone acting
under the direction of the officer or the department of transportation
representative is liable for damage to the motor vehicle, cargo, or debris
caused by reasonable efforts of removal.
(3) Unless otherwise
provided in subsection (7) of this section the driver of any vehicle involved
in an accident resulting in injury to or death of any person, or involving
striking the body of a deceased person, or resulting in damage to any vehicle
which is driven or attended by any person or damage to other property shall
give his or her name, address, insurance company, insurance policy number, and
vehicle license number and shall exhibit his or her vehicle driver's license to
any person struck or injured or the driver or any occupant of, or any person
attending, any such vehicle collided with and shall render to any person
injured in such accident reasonable assistance, including the carrying or the
making of arrangements for the carrying of such person to a physician or
hospital for medical treatment if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person or on his or
her behalf. Under no circumstances shall the rendering of assistance or other
compliance with the provisions of this subsection be evidence of the liability
of any driver for such accident.
(4)(a) Any driver
covered by the provisions of subsection (1) of this section failing to stop or
comply with any of the requirements of subsection (3) of this section in the
case of an accident resulting in death is guilty of a class B felony and, upon
conviction, is punishable according to chapter 9A.20 RCW.
(b) Any driver covered
by the provisions of subsection (1) of this section failing to stop or comply
with any of the requirements of subsection (3) of this section in the case of
an accident resulting in injury is guilty of a class C felony and, upon
conviction, is punishable according to chapter 9A.20 RCW.
(c) Any driver covered
by the provisions of subsection (1) of this section failing to stop or comply
with any of the requirements of subsection (3) of this section in the case of
an accident involving striking the body of a deceased person is guilty of a
gross misdemeanor.
(d) This subsection
shall not apply to any person injured or incapacitated by such accident to the
extent of being physically incapable of complying with this section.
(5) Any driver covered
by the provisions of subsection (2) of this section failing to stop or to
comply with any of the requirements of subsection (3) of this section under
said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this
provision shall not apply to any person injured or incapacitated by such
accident to the extent of being physically incapable of complying herewith.
(6) The license or
permit to drive or any nonresident privilege to drive of any person convicted
under this section or any local ordinance consisting of substantially the same
language as this section of failure to stop and give information or render aid
following an accident with any vehicle driven or attended by any person shall
be revoked by the department.
(7) If
none of the persons specified are in condition to receive the information to
which they otherwise would be entitled under subsection (3) of this section,
and no police officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of subsections (1) and (3) of
this section insofar as possible on his or her part to be performed, shall
forthwith report such accident to the nearest office of the duly authorized
police authority and submit thereto the information specified in subsection (3)
of this section.
