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CHAPTER 32-34

ACCIDENTS AND ACCIDENT REPORTS

32-34-1, 32-34-2.      Repealed.
32-34-3      Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons.
32-34-3.1      Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor.
32-34-4      Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor.
32-34-5      Hit and run accident resulting in death or injury as felony.
32-34-6      Information furnished by driver involved in property damage accident--Failure as misdemeanor.
32-34-7      Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor.
32-34-7.1      Repealed.
32-34-8      Physical incapacity of driver.
32-34-9      Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor.
32-34-9.1      Repealed.
32-34-10      Duty of law enforcement officer upon receipt of notice of accident--Report to department.
32-34-11      Supplemental reports to department.
32-34-12      Adoption of uniform report form.
32-34-13      Accident reports not privileged--Fees for locating and furnishing reports.
32-34-13.1      Fees of local law enforcement personnel for furnishing copies of accident reports.
32-34-14 to 32-34-22.      Repealed.
32-34-23      Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor.


     32-34-1, 32-34-2.   Repealed by SL 1978, ch 240, §§ 1, 2.


     32-34-3.   Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons. The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.

Source: SDC 1939, § 44.0330; SL 1970, ch 175, § 35.


     32-34-3.1.   Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor. If none of the persons specified in § 32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of § 32-34-3, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a duly authorized police authority and submit thereto the information specified in § 32-34-3. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 36; SL 1989, ch 255, § 225.


     32-34-4.   Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of his name, address and the name and address of the owner and the license number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address, and the name and address of the owner and the license number of the vehicle he is driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Every such stop shall be made without obstructing traffic more than is necessary. A violation of this section is a Class 2 misdemeanor.

Source: SL 1953, ch 232, § 2; SDC Supp 1960, § 44.0330-1; SL 1970, ch 175, § 37; SL 1989, ch 255, § 226.


     32-34-5.   Hit and run accident resulting in death or injury as felony. Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of § 32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall revoke the registration receipt of the person so convicted.

Source: SDC 1939, § 44.9923; SL 1964, ch 133; SL 1976, ch 158, § 43-6; SL 1989, ch 256, § 37.


     32-34-6.   Information furnished by driver involved in property damage accident--Failure as misdemeanor. Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the owner of the damaged vehicle is not at the scene of the accident, the driver shall immediately leave such information on the other motor vehicle. If the damage is to property other than a motor vehicle, and the owner of the damaged property is not at the scene, the driver shall leave such information with the owner of the property or with a law enforcement agency as soon as possible. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 44.9923; SL 1964, ch 133; SL 1977, ch 189, § 118; SL 1981, ch 251; SL 1984, ch 12, § 8.


     32-34-7.   Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor. The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1973, ch 214, § 1; SL 1978, ch 239; SL 1986, ch 268; SL 1989, ch 255, § 227; SL 2000, ch 162, § 1.


     32-34-7.1.   Repealed by SL 1977, ch 267, § 5.


     32-34-8.   Physical incapacity of driver. An accident report is not required from any person who is physically incapable of making such report during the period of such incapacity.

Source: SDC 1939, § 44.0331 as added by SL 1961, ch 226; SL 1967, ch 193.


     32-34-9.   Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor. If the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0331 as added by SL 1961, ch 226; SL 1967, ch 193; SL 1989, ch 255, § 228.


     32-34-9.1.   Repealed by SL 1989, ch 255, § 224.


     32-34-10.   Duty of law enforcement officer upon receipt of notice of accident--Report to department. Each law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall, after receiving notice that an accident described in § 32-34-7 occurred, cause a notice to be affixed in a manner prescribed by the secretary of public safety to the vehicle damaged, indicating that the accident has been reported and the circumstances surrounding the accident are being investigated. The law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall forward to the Department of Public Safety, within three days after completion of the investigation of the accident, an investigator's report of the accident so reported. After July 1, 2013, any law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents and complete a report pursuant to § 32-34-7 is required to file the report by electronic means with the department if the submissions pursuant to § 32-34-7 for that law enforcement agency total more than sixty reports during the prior calendar year.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1974, ch 229, § 1; SL 1977, ch 267, § 1; SL 1985, ch 399, § 21; SL 1985, ch 406, § 20; SL 1989, ch 256, § 38; SL 1998, ch 197, § 2; SL 2004, ch 17, § 145; SL 2012, ch 170, § 1.


     32-34-11.   Supplemental reports to department. The secretary of public safety may require drivers involved in accidents or peace officers to file supplemental reports of the accidents upon forms furnished by the Department of Public Safety whenever the original report is insufficient in the opinion of the secretary.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, § 2; SL 1985, ch 399, §§ 20, 21; SL 2004, ch 17, § 146.


     32-34-12.   Adoption of uniform report form. The secretary of public safety shall have authority to adopt and provide a uniform accident report form to be used in the making of accident reports and shall adopt and provide a uniform notice as required by § 32-34-10.

Source: SDC 1939, § 44.0331 as added by SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, § 3; SL 1985, ch 399, § 21; SL 2004, ch 17, § 147.


     32-34-13.   Accident reports not privileged--Fees for locating and furnishing reports. Reports pursuant to §§ 32-34-7 to 32-34-12, inclusive, and the information contained in such reports is not privileged and may not be held confidential. The secretary of public safety shall collect four dollars for each request to locate a report on file. The secretary shall furnish to any person requesting a search, at no additional cost, any report located by the search. All sums collected shall be deposited in the state highway fund.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1970, ch 175, § 38; SL 1973, ch 215; SL 1977, ch 267, § 4; SL 1985, ch 399, § 21; SL 1991, ch 263, § 1; SL 1999, ch 166, § 1; SL 2004, ch 17, § 148.


     32-34-13.1.   Fees of local law enforcement personnel for furnishing copies of accident reports. County or municipal law enforcement personnel may collect four dollars for each copy of an accident report furnished to any person by their office. Accident reports furnished to the Department of Public Safety pursuant to § 32-34-10 shall be provided at no cost to the state. For reports supplied by county law enforcement personnel, collected funds shall be accounted for pursuant to chapter 7-11. For reports supplied by municipal law enforcement personnel, collected funds shall be accounted for pursuant to chapter 9-22.

Source: SL 1984, ch 234; SL 1985, ch 399, § 20; SL 1991, ch 263, § 2; SL 2004, ch 17, § 149.


     32-34-14 to 32-34-22.   Repealed by SL 1974, ch 229, § 2.


     32-34-23.   Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor. The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided for in § 32-34-10. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.0332; SL 1967, ch 194, §§ 1, 2; SL 1977, ch 268.


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