_______________________________________________
HOUSE
BILL 2345
_______________________________________________
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.
