NCJ Number
44870
Date Published
1975
Length
75 pages
Annotation
STATE LAWS RELATING TO ACCIDENT REPORTS AND ACCIDENT INVESTIGATIONS ARE REVIEWED IN THE CONTEXT OF COMPARABLE PROVISIONS OF THE UNIFORM VEHICLE CODE.
Abstract
THE STATE LAWS REVIEWED ARE THOSE CURRENT AS OF JANUARY 1, 1975. UNIFORM CODE PROVISIONS DISCUSSED REFLECT CODE REVISIONS MADE BY THE NATIONAL COMMITTEE ON UNIFORM TRAFFIC LAWS AND ORDINANCES IN 1975. THE REPORT OPENS WITH A REVIEW OF ACCIDENT LAW APPLICABILITY AND DEFINITIONS OF 'ACCIDENT.' LAWS REGARDING INFORMATION EXCHANGE AT THE SCENE OF AN ACCIDENT ARE DISCUSSED RELATIVE TO ACCIDENTS RESULTING IN DEATH, INJURY, OR DAMAGE TO AN ATTENDED VEHICLE, AND TO ACCIDENTS RESULTING IN DAMAGE TO UNATTENDED PROPERTY. OTHER CHAPTERS COVER ASPECTS OF ACCIDENT INVESTIGATION BY POLICE (NOTIFICATION OF POLICE, POLICE INVESTIGATION AND REPORTS); WRITTEN REPORTS BY THE INVOLVED PARTIES; AND SPECIAL INVESTIGATIONS (E.G., CORONER'S REPORTS, TESTS FOR ALCOHOL OR DRUGS). IT IS OBSERVED THAT FIVE STATES APPEAR TO BE FOLLOWING THE LEAD OF THE UNIFORM CODE AWAY FROM WRITTEN REPORT REQUIREMENTS. OTHER OBSERVATIONS CONCERN THE CONTINUING DEBATE OVER WHICH ACCIDENTS SHOULD BE INVESTIGATED BY POLICE, THE QUESTION OF NOTIFICATION REQUIREMENTS AS THEY RELATE TO THE NEED FOR POLICE TO CONTROL AND CLEAR THE SCENES OF ACCIDENTS, AND THE NEED FOR GREATER UNIFORMITY IN ACCIDENT LAWS. IT IS SUGGESTED THAT A POTENTIAL BENEFIT OF NO-FAULT INSURANCE IS THAT DRIVERS MAY LEARN THAT CLEARING THE ACCIDENT SCENE, RESTORING TRAFFIC FLOW, AND PREVENTING FURTHER ACCIDENTS ARE MORE IMPORTANT THAN PRESERVING EVIDENCE OF WHO CAUSED THE ACCIDENT. REFERENCES TO STATE STATUTES ARE INCLUDED.