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Duties of Driver and Passengers in an Accident

Author: Portner & Shure

Duties of Driver

A driver's duties in an accident are described in the Code of Virginia Section 46.2-894. The driver of a vehicle who is involved in an accident where injuries occur or there is another vehicle involved that is occupied has certain duties as required by Virginia Law:

  • To immediately stop at the scene of the accident;
  • To report his name, address, driver's license number, and registration number to
  • State Police or local law enforcement agency;
  • The person struck or injured (if they can are able to understand and retain that information);
  • Or the driver or other occupants of the vehicle collided with
  • Or the custodian of the damaged property
  • To render reasonable assistance to any injured person, including obtaining and transporting the injured person to medical treatment.

Violations of Section 46.2-894 of the Code of Virginia are a Class 5 felony (1 day to 10 years in prison) if anyone in the accident suffers an injury or death, or if the accident results in more than $1,000.00 of property damage. Violations are a Class 1 misdemeanor (1 day to 12 months in jail) if there were no injuries and the accident resulted in less than $1,000 in property damage.

Duties of Passenger

A passenger's duties in an accident are described in Section 46.2-895 of the Code of Virginia. In an accident where there are injuries or death or when another occupied car is involved, and the driver of the vehicle fails to stop at the scene of the accident, any passengers in the vehicle have a duty to report the accident to the State Police or local law enforcement, within 24 hours of the time of the accident.

Failure to comply with this statute is a Class 6 Felony (1 day to 5 years in prison) if the accident resulted in the death or injury of any person. If the accident involved only damage to property, a conviction is a Class 1 misdemeanor (1 day to 12 months in jail).

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