Idaho Code
Idaho Code

Idaho Code § 49-1301 (2026)

Accidents involving damage to vehicle. 

✓ current as of May 2026
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Accidents involving damage to vehicle. 

(1) The driver of any vehicle involved in an accident, either on public or private property open to the public, resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident, or as close as possible, and shall immediately return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of law.

(2)  For any accident which occurs on a divided, controlled-access highway or interstate highway of the state highway system, a stop as required by subsection (1) of this section shall be made by moving the vehicle into a safe refuge on the shoulder, emergency lane or median whenever such moving of a vehicle may be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and may be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements or to the roadway.
(a)  For any other highway, a stop as required by subsection (1) of this section shall be made without obstructing traffic more than is necessary.
(b)  The driver or any other person who has removed a motor vehicle from the main-traveled part of the road as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this subsection.
(3)  Any person failing to stop or to comply with the requirements under these circumstances shall be guilty of a misdemeanor.
(4)  The department shall revoke for a period of one (1) year the driver’s license, privileges or permit to drive, or the nonresident operating privilege, of any person convicted of a violation of the provisions of subsection (1) of this section.
(5)  Nothing herein shall be construed to interfere with the duty of any city, county or state police officer to investigate and detect crime and enforce the penal, traffic or highway laws of this state or any political subdivision.
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2002–2026 · leading case: State v. Richard W. Wright, 295 P.3d 1016 (Idaho Ct. App. 2013).
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State v. Richard W. Wright, 295 P.3d 1016 (Idaho Ct. App. 2013). · cites it 21× “Wright was subsequently cited for “leaving the scene of a property damage crash” under Idaho Code section 49-1301 and, following a bench trial, was found guilty of a misdemean- or.”
Munns v. Swift Transp. Co., 58 P.3d 92 (Idaho 2002). · cites it 10× “The district court also gave an instruction relating to accidents involving damage to a vehicle (Jury Instruction 31), which recited verbatim the words of I.C. § 49-1301(1). This instruction reads: There was in force in the State of Idaho at the time of the occurrence in…”
State v. Bernal, 427 P.3d 1 (Idaho 2018). · cites it 2× “Bernal was charged by information with three crimes: aggravated assault with a deadly weapon, Idaho Code sections 18-901(a) and 18-905(a) ; reckless driving, Idaho Code section 49-1401 ; and leaving the scene of an accident, Idaho Code section 49-1301. The State also charged a…”
Thomas v. Cassia Cnty. (D. Idaho 2020). · cites it 6× “Based on his conducted discovery, Thomas alleges that from 2006 through October 2019, the Cassia County Sheriff’s Office (“CCSO”) charged a total of 223 adults (excluding Thomas) with misdemeanor hit-and-run under I.C. § 49-1301. Dkt. 95, at 2. Of those, 79 individuals were…”
State v. John Harlan Hoy (Idaho Ct. App. 2016). · cites it 2× “§ 49-1404; misdemeanor leaving the scene of an accident, I.C. § 49-1301; misdemeanor driving without privileges, I.”
State v. Devin Kadrlik (Idaho Ct. App. 2018). · cites it 2× “________________________________________________ Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM Devin Kadrlik pled guilty to attempted strangulation, Idaho Code § 18-923 ; and injury to a child, I.C. §…”
State v. Rodriguez (Idaho Ct. App. 2021). · cites it 2× “§ 18-8004; leaving the scene of an accident, I.C. § 49-1301; failure to notify upon striking a fixture, I.”
State v. Lorton (Idaho Ct. App. 2022). · cites it 2× “” In support of the latter determination, the district court noted that Lorton had left the scene of a motor vehicle accident (despite having a legal duty to remain there under I.C. § 49-1301), parked his vehicle in a residential neighborhood, and then walked into an unlit…”
State v. Jones (Idaho Ct. App. 2025). · cites it 2× “Jones was charged with two counts of felony possession of a controlled substance (fentanyl and methamphetamine), Idaho Code § 37-2732 (c)(1), and misdemeanors of leaving the scene of an accident, I.C. § 49-1301, resisting and obstructing an officer, I.”
State of Idaho v. Jared Larry Freeman (Idaho Ct. App. 2026). · cites it 2× “§ 37-2732), leaving the scene of an accident (I.C. § 49-1301), and being a persistent violator (I.”
— Idaho Code § 49-1301(1) — 3 cases
Munns v. Swift Transp. Co., 58 P.3d 92 (Idaho 2002). “The district court also gave an instruction relating to accidents involving damage to a vehicle (Jury Instruction 31), which recited verbatim the words of I.C. § 49-1301(1). This instruction reads: There was in force in the State of Idaho at the time of the occurrence in…”
State v. Richard W. Wright, 295 P.3d 1016 (Idaho Ct. App. 2013). “Wright was subsequently cited for “leaving the scene of a property damage crash” under Idaho Code section 49-1301 and, following a bench trial, was found guilty of a misdemean- or.”
State v. Devin Kadrlik (Idaho Ct. App. 2018). “________________________________________________ Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM Devin Kadrlik pled guilty to attempted strangulation, Idaho Code § 18-923 ; and injury to a child, I.C. §…”
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