Laws vary from state to state, but in most states it is a crime or criminal offense for the operator of a motor vehicle to leave the scene of single car accident involving an unattended (unoccupied) vehicle or other property, or to leave the scene of a single car accident involving highway fixtures (barricades, medians, guardrails), traffic control devices (stop signs, yield signs, railroad crossing gate arms, etc.), or other real or personal property (a ditch, embankment, or building).
It is also a criminal offense in most states for the operator of a motor vehicle to leave the scene of an accident involving personal injuries or death—including an accident in which the operator of a motor vehicle strikes a pedestrian or cyclist, for example. And it is a criminal offense in most states for the operator of a motor vehicle to leave the scene of an accident involving multiple motor vehicles.
The duties of an operator of a motor vehicle involved in an accident may vary from state to state and are usually located in a state’s statutes—often in a code titled with a name like “vehicles and traffic” or “transportation,” for example. These duties generally include:
• the duty to share information such as name, address, driver’s license number, and vehicle registration number with other motor vehicle operators involved in the accident, or owners of property involved in the accident—or with the police if such other persons are not able to receive the information;
• the duty to stop and locate or notify the owner of property involved in a motor vehicle accident (such as an unattended motor vehicle or other property) of the accident and of the motor vehicle operator’s name, address, and vehicle registration number, for example;
• the duty to notify the road authority (the state department of transportation, for example) of the accident, and provide the motor vehicle operator’s name, address, driver’s license number, and vehicle registration number, for example;
• the duty to stop and provide any person who suffered personal injuries or death with any reasonable assistance possible, including calling an ambulance to transport such person to the hospital for medical care or evaluation (known as the duty to stop and render aid); and
• the duty to report to the police any accident involving bodily injury or death of any person, or involving property damage.
In West Virginia, as in most states, it is indeed a criminal offense for the operator of a motor vehicle to leave the scene of an accident. This applies to accidents involving unattended vehicles or property, highway fixtures, traffic control devices, and other real or personal property. West Virginia Code §17C-4-1 outlines the duties of a driver involved in an accident resulting in injury to or death of any person, or damage to any vehicle which is driven or attended by any person. The driver must immediately stop at the scene or as close as possible, provide their name, address, vehicle registration number, and upon request, show their driver's license to the person struck or the driver or occupant of the vehicle collided with. The driver must also render reasonable assistance to any person injured in the accident, including the transportation of the person to a hospital if it is apparent that treatment is necessary or if requested by the injured person. Additionally, the driver must report the accident to the nearest police authority if the accident results in injury, death, or property damage. Failure to comply with these requirements can result in misdemeanor or felony charges, depending on the circumstances of the accident and the extent of the injuries or damages caused.