Printable Format8-1602. Accident involving death or personal injury; duties of drivers, reports; penalties for violations; revocation of license, permit or driving privileges. (a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of K.S.A. 8-1604, and amendments thereto.
(b) A person who violates subsection (a) when an accident results in:
(1) Total property damages of less than $1,000 shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in K.S.A. 8-2116, and amendments thereto.
(2) Injury to any person or total property damages in excess of $1,000 or more shall be guilty of a class A person misdemeanor.
(3) Great bodily harm to any person shall be guilty of a severity level 8, person felony.
(4) The death of any person shall be guilty of a severity level 6, person felony, except as provided in subsection (a)(5)*.
(5) The death of any person, if the person knew or reasonably should have known that such accident resulted in injury or death, shall be a level 5, person felony.
(c) The director may revoke the license or permit to drive or any nonresident operating privilege of any person so convicted.
(d) The driver shall comply with the provisions of K.S.A. 8-15,107, and amendments thereto.
History: L. 1974, ch. 33, § 8-1602; L. 2006, ch. 182, § 1; L. 2011, ch. 80, § 1; July 1.
Source or prior law:
8-518.
Revisor's Note:
* Reference should be to subsection (b)(5) instead.
Cross References to Related Sections:
Autonomous motor vehicles, see 8-2904.
CASE ANNOTATIONS
1. Conviction hereunder; evidence sufficient to support inference of guilt. State v. Humbolt, 1 Kan. App. 2d 137, 562 P.2d 123.
2. Record on appeal from conviction hereunder examined; no error. State v. Bailey, 223 Kan. 178, 573 P.2d 590.
3. Constructive custody invoking duty to give Miranda warnings not created hereby; subject's movement inhibited by possibility of criminal liability, not by police officer. State v. Greenberg, 4 Kan. App. 2d 403, 405, 607 P.2d 530.
4. Violation of city ordinance prohibiting same act does not count toward conviction under K.S.A. 8-285 (before 1982 amendment). State v. Wood, 231 Kan. 699, 701, 647 P.2d 1327 (1982).
5. Noted; vehicular homicide (K.S.A. 21-3405), DUI (K.S.A. 8-1567) convictions; audio/visual recording of proceedings, MADD and SADD buttons in courtroom, restitution sentence discussed. State v. McNaught, 238 Kan. 567, 713 P.2d 457 (1986).
6. Unsworn traffic citation no longer allowed as complaint; requirement of verified complaint to commence prosecution noted. State v. Fraker, 242 Kan. 466, 467, 748 P.2d 868 (1988).
7. Noted in holding that uninsured motorist coverage and PIP benefits not applicable to occupants shot after minor collision. Hamidian v. State Farm Fire & Cas. Co., 251 Kan. 254, 257, 833 P.2d 1007 (1992).
8. Single-car, noninjury accident does not require remaining at scene unless property of another is damaged. State v. Holm, 41 Kan. App. 2d 1096, 208 P.3d 325 (2009).
9. Offenses of leaving the scene of an injury accident and failure to give information are multiplicitous. State v. Heironimus, 51 Kan. App. 2d 841, 846, 356 P.3d 427 (2015).