Article VII. Accidents.
Sec. 18-149. Duty of driver to stop, etc., in event of accident;
duty of occupant; reports additional to other
accident reports required by this article.[288]
(a) The driver of any vehicle involved in an accident in
which an attended vehicle or other attended property is damaged
shall immediately stop as close to the scene of the accident
as possible without obstructing traffic and report to a
police officer or to the driver or some other occupant of the
vehicle collided with or to the custodian of other damaged
property, his name, address, operator's or chauffeur's license
number and the registration number of his vehicle.
(b) If the driver fails to stop and make the report required
by subsection (a) of this section, any person in the vehicle
with the driver at the time of the accident who has knowledge
of the accident shall report within twenty-four hours from
the time of the accident to the chief of police of the city, his
name, address and such other information within his knowledge
as the driver must report pursuant to subsection (a)
of this section.
(c) The driver of any vehicle involved in an accident in
which no person is killed or injured but in which an unattended
vehicle or other unattended property is damaged
shall make a reasonable effort to find the owner or custodian
of such property and shall report to the owner or custodian
the information which the driver must report pursuant to subsection
(a) of this section if such owner or custodian is found.
If the owner or custodian of such damaged vehicle or property
cannot be found, the driver shall leave a note in a conspicuous
place at the scene of the accident and shall report
the accident in writing within twenty-four hours to the chief
of police. Such note and written report shall contain the information
which the driver must report pursuant to subsection
(a) of this section and such written report shall state
in addition the date, time and place of the accident, the
driver's estimate of the property damage.
(d) If the driver fails to stop and make a reasonable search
for the owner or custodian of an unattended vehicle or property
or to leave a note for such owner or custodian as required
by subsection (c) of this section, any person in the
vehicle with the driver at the time of the accident who has
knowledge of the accident shall report within twenty-four
hours from the time of the accident to the chief of police,
his name, address and such other facts within his knowledge
as are required by subsection (c) of this section to be reported
by the driver.
(e) The reports required by this section are in addition to
other accident reports required by this chapter or by state
law[289]
and shall be made irrespective of the amount of property
damage involved.
(f) The provisions of this section shall apply irrespective
of whether such accident occurs on the public streets or on
private property. (Code 1959, § 18-149.)
Sec. 18-150. Penalty for violating preceding section.[290]
Any person convicted of violating section 18-149 shall be
punished by a fine not exceeding five hundred dollars or confinement
in jail not exceeding twelve months, or both, in the
discretion of the jury or the court trying the case without a
jury; provided, that if the vehicle struck is unattended and
the damage thereto is less than twenty-five dollars, such
person shall be punished only by a fine not exceeding fifty
dollars. (Code 1958, § 18-150; 6-21-65, § 26.)
Sec. 18-150.1. Revocation of operator's license for violation of
section 18-149.[291]
Any person convicted of violating the provisions of section
18-150, may be punished, in addition to the penalties provided
in section 18-150, if such accident resulted only in damage to
property and such damage exceeded two hundred fifty dollars,
by revocation of his license or privilege to operate a motor
vehicle on the highways of this state for a period not to exceed
six months by the court or judge; provided, that this
section shall in no case be construed to limit the authority
or duty of the commissioner with respect to revocation of
licenses for violation of section 18-149 as provided in chapter
6 (§ 46.1-388 et seq.) of title 46.1 of the Code of Virginia.
Any license revoked under the provisions hereof shall be surrendered
to the court to be disposed of in accordance with
the provisions of section 46.1-425 of the Code of Virginia.
Sec. 18-151. Leaving scene of accident when directed to do
so by officer.[292]
A person shall leave the scene of a traffic accident when
directed to do so by a police officer. (Code 1959, § 18-151.)
Sec. 18-152. Driver to give immediate notice of certain accidents.[293]
The driver of any vehicle involved in any accident resulting
in injury to or death of any person or some person acting
for him shall immediately by the quickest means of communication
give notice of the accident to the police department. A
wilful failure to make the report required in this section shall
constitute a misdemeanor and be punishable under section
18-22. (Code 1959, § 18-152.)
Sec. 18-153. Driver to make written report of certain accidents
to police; supplemental reports; reports
by witnesses.[294]
(a) The driver of a vehicle involved in an accident resulting
in injury to or death of any person or total property
damage to an apparent extent of one hundred dollars, or more,
shall, within five days after the accident, make a written report
of it to the police department.
(b) The chief of police may require any driver of a vehicle
involved in any accident of which report must be made
to file a supplemental report whenever any report is insufficient
in his opinion and he may require witnesses of accidents
to render reports to the police department. A wilful
failure to file the report required in this section shall constitute
a violation of this chapter, and shall be punishable
under section 18-22. (Code 1959, § 18-153.)
Sec. 18-154. Report by officer investigating accident.[295]
Every police officer who in the course of duty investigates
a motor vehicle accident of which report must be made, either
at the time of and at the scene of the accident or thereafter
and elsewhere, by interviewing participants or witnesses
shall, within twenty-four hours after completing the investigation,
forward a written report of the accident to the police
department. (Code 1959, § 18-154.)
Sec. 18-155. Occupants to report when driver incapable.[296]
Whenever the driver of a vehicle is physically incapable of
making an immediate or a written report of an accident of
which a report is required, each other occupant of the vehicle
at the time of the accident, if any, who is capable of so
doing must make the report required by this article to be
made primarily by the driver. A wilful failure to file the
report required by this section shall constitute a violation of
this chapter, and shall be punishable under section 18-22.
(Code 1959, § 18-155.)
Sec. 18-156. Report required of person in charge of garage
or repair shop.[297]
The person in charge of any garage or repair shop to which
is brought any motor vehicle that shows evidence of having
been involved in a serious motor vehicle accident or with evidence
of bloodstains shall report to the police station within
twenty-four hours after the motor vehicle is received, giving
the engine number, registration number and the name and
address of the owner or operator of the vehicle if known.
Reports required by this section shall be made upon forms
provided by the police department. (Code 1959, § 18-156.)
Sec. 18-157. Reports made by persons involved in accidents
or by garages without prejudice and confidential;
exceptions.[298]
All accident reports made by persons involved in accidents
or by garages shall be without prejudice to the individual so
reporting and shall be for the confidential use of the police
department or other city or state agencies having use for the
records for accident prevention purposes; except, that the
police department may disclose the identity of a person involved
in an accident when his identity is not otherwise known
or when he denies his presence at the accident. (Code 1959, §
18-157.)
Sec. 18-158. Extent to which accident reports may be used as
evidence.[299]
No accident report shall be used as evidence in any trial,
civil or criminal, arising out of an accident, except that the
police department shall furnish upon demand of any person
who has or claims to have made such a report or upon demand
of any court a certificate showing that a specified accident
report has or has not been made to the police department,
solely to prove compliance or noncompliance with the requirement
that the report be made to the police department. (Code
1959, § 18-158.)
Sec. 18-159. Use of accident reports made by investigating
officers.[300]
Subject to the provisions of section 18-157, all accident reports
made by investigating officers shall be for the confidential
use of the police department and other city or state agencies
for accident prevention purposes and shall not be used
as evidence in any trial, civil or criminal, arising out of any
accident. The police department shall disclose from the reports,
upon request of any person, the date, time and location
of the accident and the names and addresses of the drivers,
the owners of the vehicles involved, the injured persons, the
witnesses and one investigating officer. (Code 1959, § 18-159.)
Sec. 18-160. Accident reports to be in addition to reports required
by state law.[301]
The reports of accidents as required by this article are in
addition to and not in lieu of any reports required by Code
of Virginia, sections 46.1-399 to 46.1-416. (Code 1959, § 18160.)
