(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person; (b) A class 4 felony if the accident resulted in serious bodily injury to any person; (c) A class 3 felony if the accident resulted in the death of any person.
The department shall revoke the driver's license of the person so convicted. A revocation pursuant to this subsection (3) runs concurrently with any suspension imposed pursuant to section 42-2-127.9, if imposed as a result of the same episode of driving.
As used in this section and sections 42-4-1402.5, 42-4-1603, and 42-4-1606:
"Injury" means physical pain, illness, or any impairment of physical or mental condition.
"Serious bodily injury" means injury that involves, either at the time of the actualinjury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1, 1995. L. 98: (2)(b) amended, p. 1443, § 32, effective July 1. L. 2000: (4)(b) amended, p. 709, § 44, effective July 1. L. 2004: (1) amended and (1.5) added, p. 606, § 1, effective July 1. L. 2008: (2)(c) amended, p. 850, § 1, effective July 1. L. 2012: (1) and (2)(b) amended, (HB 12-1084), ch. 261, p. 1354, § 1, effective August 8. L. 2017: (3) amended, (HB 17-1277), ch. 337, p. 1803, § 2, effective January 1, 2018. L. 2019: IP(4) amended, (SB 19-175), ch. 331, p. 3072, § 3, effective May 29.
Editor's note: This section is similar to former § 42-4-1401 as it existed prior to 1994, and the former § 42-4-1601 was relocated to § 42-4-1801.