(a) (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving.
(2) Upon request and if available, the driver shall exhibit his or her driver's license or commercial driver's license to the person struck, or the driver or occupant of, or person attending, any vehicle collided with and shall render to any person injured in the accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if transporting is requested by the injured person.
(b) (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall remain at the scene of the accident for a reasonable time in order to be present if the driver knows that a law enforcement agency was contacted for assistance unless it is necessary for the driver to leave the scene of the accident to render assistance as required by subdivision (a)(2) of this section.
(2) For the purpose of compliance with subdivision (b)(1) of this section, a reasonable time is not less than thirty (30) minutes.
History. Acts 1937, No. 300, § 38; Pope's Dig., § 6696; A.S.A. 1947, § 75-903; Acts 1995, No. 659, § 5; 2007, No. 145, § 1.
Amendments. The 2007 amendment inserted “remain at the scene of an accident” in the section heading; added (b); and redesignated the existing provisions as (a)(1) and (a)(2).
Cross References. Penalty for violation, § 27-53-101(b).
Case Notes
Failure to Comply.
Instructions.
Evidence supported the finding of jury that defendant did not comply with this section and § 27-53-101 where evidence was to the effect that defendant hurriedly left scene of accident before injured person was removed and after being requested not to do so even though his identity was known and others were rendering aid. Barnhill v. State, 247 Ark. 28, 444 S.W.2d 97 (1969).
Where driver's failure to give his name and license number and render assistance to persons injured in a collision as required by this section bears no proximate relation to the cause of the collision, instruction on that point is properly refused. Schlosberg v. Doup, 187 Ark. 931, 63 S.W.2d 337 (1933).
Refusal to give instruction setting out § 27-53-101(a) was not prejudicial error where proof showed that the young driver stopped and returned to the scene as soon as he realized what had happened and there was no showing that he failed to satisfy the requirements of this section. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (Ark. 1956).
Defendant was not entitled to have his proffered instruction given to the jury based on the argument that due process required the State to prove that he knew the victim had been injured and that he purposely left the scene knowing that she had been injured as § 27-53-101 did not contain an element regarding defendant's knowledge of a victim's injuries. Stivers v. State, 354 Ark. 140, 118 S.W.3d 558 (2003).