Duty to Stop in Event of a Crash

In North Carolina if you, as the driver of a vehicle, know or reasonably should know that the vehicle which you are operating is involved in a crash and that the crash has resulted in serious bodily injury, you have a duty to immediately stop your vehicle at the scene of the crash.

In addition, you are required to remain with the vehicle at the scene of the crash until a law-enforcement officer completes the investigation of the crash or authorizes you to leave and you car to be removed.  However, you may remove your vehicle from the scene of the accident if remaining at the scene places you or others at significant risk of injury.

Prior to the completion of the investigation of the crash by a law enforcement officer, or the consent of the officer to leave, you may not facilitate, allow, or agree to the removal of your vehicle from the scene of the crash for any purpose other than to

• call for a law enforcement officer,
• to call for medical assistance or medical treatment, or
• to remove yourself or others from significant risk of injury.

If you do leave for a reason permitted by law, then you must return with the vehicle to the accident scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer.

Such is the law and your willful violation of it will be punished as a Class F felony.  In addition the Division of Motor Vehicles (DMV) may revoke your drivers license for a period of at least one year.

Duty to Report

In addition you are required to give your name, address, driver's license number and the license plate number of your vehicle to the person struck or the driver or occupants of any vehicle you collided with.

Moreover, you are required to render to any person injured in such crash reasonable assistance, including the calling for medical assistance if it is apparent that such assistance is necessary or if the injured person requested it from you.

Such is the law and your willful violation of it will be punished as a Class 1 misdemeanor in North Carolina.

Highway Accidents

If a crash occurs on a main lane, ramp, shoulder, median, or adjacent area of a highway, you are required to move your vehicle as soon as possible out of the travel lane and onto the shoulder or to a designated accident investigation site in order to minimize interference with traffic. 

You are required to move your vehicle only when all of the following apply:

1. The crash has not resulted in injury or death to any person or the drivers did not know or have reason to know of any injury or death, and
2. Each vehicle can be normally and safely driven.

The law classifies a vehicle that can be normally and safely driven as one that does not require towing and can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.

Duty of passenger to remain at the scene of an accident

If you were a passenger in a vehicle involved in an accident or collision you have a duty to remain at the scene of the accident until a law enforcement officer completes the investigation of the accident or collision or authorizes you to leave.

You can leave the scene only if remaining at the scene places you or others at significant risk of injury.

Prior to the completion of the investigation of the accident by a law enforcement officer, or the consent of the officer to leave, the passenger may not facilitate, allow, or agree to the removal of the vehicle from the scene, for any purpose other than to call for a law enforcement officer, to call for medical assistance or medical treatment as set forth in subsection (b) of this section, or to remove oneself or others from a significant risk of injury. If the passenger does leave the scene of an accident by driving a vehicle involved in the accident for a reason permitted by this subsection, the passenger must return with the vehicle to the accident scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful violation of this subsection is a Class H felony if the accident or collision is described in G.S. 20‑166(a). A willful violation of this subsection is a Class 1 misdemeanor if the accident or collision is a reportable accident described in G.S. 20‑166(c).

(b)        In addition to complying with the requirement of subsection (a) of this section, the passenger shall give the passenger's name, address, drivers license number, and the license plate number of the vehicle in which the passenger was riding, if possible, to the person struck or the driver or occupants of any vehicle collided with, provided that the person or persons are physically and mentally capable of receiving the information, and shall render to any person injured in the accident or collision reasonable assistance, including the calling for medical assistance if it is apparent that such assistance is necessary or is requested by the injured person. A violation of this subsection is a Class 1 misdemeanor.

Good Samaritan

If you render first aid or emergency assistance at the scene of a motor vehicle crash on any street or highway to any person injured as a result of the accident, you will not be liable in civil damages for any acts or omissions relating to the services you have provided, unless your actions or omissions amount to malicious conduct or intentional wrongdoing.

At Semirog Law Firm, pllc we specialize in personal injury and auto accident litigation.

We will provide you with caring and compassionate one-on-one representation, as we know well how stressful your situation can get.   

Do not hesitate to call us at:

(704) 759-6110

We will never charge you a fee unless we obtain a settlement for you.  

Index of Relevant Terms: 

• Absolute Divorce
• Adoption 
• Contributory Negligence
• Imputed Negligence
• Defamation 
• Defenses to a Negligence Lawsuit
• Driving and Texting in North Carolina
• Emotional Distress
• Pedestrians 
• Punitive Damages
• Res Ipsa Loquitur
• Short Sale
• Traumatic Brain Injury
• Truck Accidents 
• Wrongful Death
• Wrongful Discharge from Employment