West Virginia Hit and Run Laws

Erin’s Law, or West Virginia hit and run laws section 17C-4-1 states that leaving the scene of an accident without fulfilling statutory obligations makes you guilty of a felony or misdemeanor depending on the damage done.

Quick take: West Virginia hit and run laws:

• You must report any accident that results in death, injury, or property damage above $1000 immediately using the quickest means of communication.
• You have two years to file a personal injury claim.
• Leaving the scene of an accident involving death is a felony.
• The victim or survivors may file a lawsuit against a hit-and-run driver.
• Do not admit fault at the scene of an accident.
• Failing to report a reportable accident may result in additional charges.

References

• Sections 17C-4-1 Erin’s law/Crashes involving death or personal injuries, through to 17C-4-13 Garages to report bullet damage.

Erin’s law explained: What happens if you leave the scene of an accident in West Virginia?

West Virginia hit and run laws sections 17C-4-1 “Erin’s law/Crashes involving death or personal injuries,” through to 17C-4-13 “Garages to report bullet damage,” state that you have a legal obligation to immediately stop your vehicle and fulfill the obligations contained in section 17C-4-3 “Duty to give information and render aid.”

What is considered a hit and run in WV?

Under section 17C-4-3, “Duty to give information and render aid,” a traffic collision is not a crime. What is a crime is leaving the scene without doing the following;

You must:

• Give your name, telephone number, the make and model of your vehicle, and the last four digits of your vehicle’s registration number to the struck person, passenger in the struck vehicle, or peace officer.
• Give the other party proof of financial responsibility or insurance information, including your insurer’s name and contact information.
• If capable and upon request, or if it is apparent that the victim needs immediate medical help. You must render reasonable assistance to anyone who may need it, including transporting the victim to a care facility.

Note that the obligations only apply if you are capable, meaning if you suffer injuries that require immediate medical attention, you may seek medical assistance.

What to do after an accident in West Virginia?

In short, if you are involved in a hit-and-run in West Virginia, doing the following may help you avoid a criminal record.

• Stop your vehicle and remain at the scene until law enforcement arrives.
• Call the police and do not engage in road rage. If you have a valid reason to fear for your safety, you may leave the scene and report the incident to law enforcement using the quickest means of communication.
• Never leave the scene without collecting evidence, including dashcam footage, and witness testimonies.
• Call an attorney if the accident results in death, serious injury, or expensive property damage.
• Do not accept responsibility or use words like “I’m sorry.”
• Call your insurer.
• Seek medical attention.
• Report the accident within the set window (see below).

Is leaving the scene of an accident a misdemeanor in West Virginia?

Yes. Section 17C-4-2. “Crashes involving Damage to Vehicle” states that you are guilty of a misdemeanor if you leave the scene of an accident involving property damage.

Also, Erin’s law section B. states that quote:

“Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor.”

What is a reportable accident in West Virginia?

Under section 17C-4-6. “Immediate Notification of Crashes,” you must report any accident that results in death, injury, or property damage above $1000 using the quickest means of communication. If you are incapable of filing a report, section 17C-4-8 passes the obligation to an occupant in the vehicle.

Under article 18 of the statute section 17C-18-1, failure to report a reportable accident is punishable by, quote:

“Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than $100 or by imprisonment for not more than ten days; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than $200 or by imprisonment for not more than twenty days or by both such fine and imprisonment; upon a third or subsequent conviction such person shall be punished by a fine of not more than $500 or by imprisonment for not more than six months or both such fine and imprisonment.”

What happens if you hit an unattended vehicle in West Virginia?

Section 17C-4-4 “Duty Upon Striking Unattended Vehicle” requires you to locate and notify the struck property owner whenever you hit an unattended vehicle. If you cannot find the owner, you must leave a note containing your name, address, and a statement of the circumstances on a conspicuous section of the struck vehicle.

Is leaving the scene of an accident a felony in West Virginia?

Under Erin’s law, you are guilty of a felony if you leave the scene of an accident involving serious bodily injury or death without fulfilling the obligations listed above. State law defines “serious bodily injury” as any injury that puts the victim at significant risk of death, prolonged disfigurement, impairment, loss of bodily function, or loss of pregnancy.

What is the penalty for DUI hit-and-run in West Virginia?

Section 17C-5-1 “Negligent homicide,” says that, quote:

“(a) When the death of any person ensues within one year as a proximate result of an injury received by the driving of any vehicle anywhere in this state in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide. (b) Any person convicted of negligent homicide shall be punished by imprisonment for not more than one year or by a fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment.”

What is the penalty for leaving the scene of an accident in West Virginia?

• Hit and run involving property damage. Misdemeanor, punishable by a $100 fine for a first offense, $200 fine and up to twenty days in jail for a second offense, and up to six months in jail and a $500 fine for subsequent offenses.
• Leaving the scene of an accident involving injury. Misdemeanor. Punishable by up to one year in jail and a maximum fine of $1000.
• Hit and run involving death. Felony. Punishable by up to five years in prison and a $5000 fine.

How do victims get compensation after a hit-and-run in West Virginia?

You may file a claim with your insurer if you have a cover. You also have the option to take civil action against the hit-and-run driver. To that end, what you should do immediately after an accident in West Virginia is:

• Immediately call the police.
• Seek medical attention before commenting about your health.
• If capable, gather any information that may help investigators, including the fleeing driver’s physical description, car make, colour, damage done to the vehicle, and so on.
• Contact your insurer and file a police report.
• Consult with an attorney.

How is fault determined in West Virginia?

West Virginia is a fault state. That means if you cause an accident, you pay the victim. The state’s comparative negligence statute reads, quote:

“In any action based on tort or any other legal theory seeking damages for personal injury, property damage, or wrongful death, recovery shall be predicated upon principles of comparative fault and the liability of each person, including plaintiffs, defendants, and nonparties who proximately caused the damages, shall be allocated to each applicable person in direct proportion to that person’s percentage of fault. (c) The total of the percentages of comparative fault allocated by the trier of fact with respect to a particular incident or injury must equal either zero percent or one hundred percent.”

What is the statute of limitations on accidents in West Virginia?

• Under state law, you have two years to file wrongful death, personal injury, or property damage claim.

Other West Virginia Laws

• Murder Sentencing Guidelines – Minimum to Maximum for Every State
• West Virginia Car Seat Laws
• West Virginia Child Support Laws
• West Virginia Hit and Run Laws
• West Virginia Lemon Law
• West Virginia Recording Laws
• West Virginia Sexting Laws
• West Virginia Statute of Limitations
• West Virginia Whistleblower Laws